labor lawAdivision of labor law center

Recently, I’ve been researching state lunch and break laws, as well as other work-hour related issues. In Michigan, the state law only regulates the meal breaks for employees under the age of 18. State law mandates that employees ages 14 to 17 be given a 30 minute meal break if they have worked five hours or more. This may be an unpaid break.

While Michigan law does not have any lunch and break provisions for workers 18 and over, residents of the state should know that they are covered by several federal regulations.

Federal law does not mandate any specific meal or rest breaks. It does, however, give guidance as to whether or not an employee should be paid during these times. Short breaks (usually 20 minutes or less) should be counted as hours worked. True “meal periods” are usually 30 minutes or more, and do not need to be paid as work time. During an unpaid meal break, a worker must be completely free of his or her work duties. If the employee is still required to do any duties (even minor duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid.

Federal law also contains regulations related to employee pay during times of waiting, sleeping and traveling. Whether or not waiting time needs to be considered paid work hours depends on the circumstances.

If an employee is at the workplace and allowed to do something of his or her choosing while waiting for one task to be finished or for another to begin, it is generally considered paid work time. A common example of this might be a fire fighter reading a book at the station while waiting for fire calls. On the other hand, if an employee is “on call” at home or elsewhere and waiting to be called upon, it is not generally considered paid work time. For this to be the case the employee must also have great freedom to do what he or she wishes while on call and have plenty of time to respond to the calls.

When it comes to travel time, the principle to observe is that time spent in the normal day’s commute to and from work is not considered paid working time. However, if an employee is traveling in the course of a days work, it must be considered paid work time.

Another final issue of interest may be sleeping time. An employee required to be on duty less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of those hours when not busy. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be subtracted from work hours. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep may be achieved by the employee.

A listing of state and federal regulations relating to lunch and break law may be found on the Michigan Complete Labor Law Poster. This poster also features information on all other state and federal labor law requirements.

Last 10 posts by Sarah

• Our New Community For HR Professionals, www.HumanResourceBlog.com Is Now Available - July 31st, 2007
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1. Posted by: Bob Therriault

   In Michigan, what constitutes the difference between Full time and Part time status? My Boss says I CAN NOT work over 29 hours (I’m part time) a week. Is this true? Thanks

2. Posted by: Sarah

   Hi Bob! Michigan state law does not define what constitutes part time and full time employment. However, an employer can legally set limits on the number of hours that an employee can work. In this case, the employer may really be saying, “You cannot work more than 29 hours per week, because I can’t afford to pay you” or “You cannot work more than 29 hours per week because under company policy, that will make you a full time employee and we’ll have to pay you benefits.”

   Some companies intentionally hire a lot of part time workers, to avoid paying benefits.

   For a more complete discussion, feel free to post your question on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blogs! ~ Sarah

3. Posted by: melanie

   I have worked for a company for 3 years and I don’t get a lunch break or just a break. We were allowed to eat up front by the register, now the manager won’t let us do that. What can I do to fight this? thankyou

4. Posted by: Sarah

   Hi Melanie! Unfortunately, there is no Michigan or federal law that requires employers to give meal or rest breaks to workers. Several states do have such a law, but Michigan is not one of them.

   However, most Michigan employers that do not give workers a break, permit employees to snack at the work station. OSHA regulations require that workers be permitted to drink water.

   It is not reasonable for an employer to expect an employee to put in an 8 hour shift without eating anything — but it is legal in Michigan. Most employees in this situation would simply look for another job. For a more complete discussion, post your question on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blogs!~ Sarah

5. Posted by: jesse

   If I wanted to report a company or companies for not taking taxes out who would I contact ? And can I stay anonymous?

   Thank you for your time!!

6. Posted by: Sarah

   If you believed that an employer was illegally paying workers “under the table”, you could report that to both the Wage and Hour Division of the U.S. Department of Labor at http://www.dol.gov, and the Michigan Department of Labor and Economic Growth (or DLEG) at http://www.michigan.gov/dleg. You can post additional questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Sarah

7. Posted by: Albert Ranella

   Is it legal for my employer to deduct 30 minutes for 8 hours and one hour for more than 8 hours, for lunch while I am driving for them bringing cars back to their dealership?

8. Posted by: Amelia

   Hi Albert! No, this is almost certainly not legal. Under both the federal minimum wage law (called the FLSA) and the Michigan minimum wage law, employees must be paid for all the time they work. The employer cannot automatically deduct pay for a break that the worker doesn’t receive.

   The employer can require that you take a meal break. The employer can even fire you if you refuse to take the breaks. But if you fail to take a break, the employer must pay you for the time you actually work.

   You should point out this problem to your supervisor ASAP. If it is not cleared up within a few weeks, you can file a complaint with the U.S. Department of Labor, Wage and Hour Division at dol.gov.

   Although Michigan law does not require breaks for employees in most industries, the U.S. Department of Transportation has break requirements for truck drivers, that may apply. For more information, post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

9. Posted by: Claudia

   I work for a car dealer and when they need me to work they call me in. For instance they will call to tell me to come in at 9AM. When I get there the office manager tells me not to ring in because the paper work isn’t ready. My question is: Should I be ringing in or am I suppose to be waiting there on my own time until they get the paper work ready?

10. Posted by: Amelia

    Hi Claudia! Both federal and Michigan law prohibit this. When an employee reports to work at the employer’s request, the employee must be paid. Even if the employee is sitting around on the employer’s premises waiting for work to become available, the employee must be paid for the waiting time.

    Read more about this under “On-call time” here: http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

    We suggest that you share this information with the car dealership. We bet once you do, you will find that you are not called until the paperwork is ready. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading!~ Amelia

11. Posted by: Meghan

    I was employed with my previous employer since the age of 16 and am now 21. When I first started working there, they only paid 1 dollar more an hour for overtime. Now, they don’t offer overtime because he doesn’t want to pay the extra money. Also, I work 12 hour days with no break at all… is that legaj?

12. Posted by: Amelia

    Hi Meghan! There are no Michigan or federal meal or break laws, so it is probably legal for an employer to require you to work 12 hours per day with no break. It certainly is not considered a best practicein HR, but it is legal. OSHA regulations require that employees be permitted to use the bathroom when nature calls, and to drink water on duty.

    Both federal and Michigan law require that employees be paid overtime when they work more than 40 hours in a payroll week. There are a few exceptions (for example, agricultural work) but in most cases, when an employee works 41 hours in a payroll week, he or she must be paid 1 hour of overtime at a rate that is 1.5 times the employees usual rate of pay.

    However, there is no law that an employer must give overtime to workers. If the employer is telling employees they must not work more than 40 hours per week, that is perfectly legal. If the employee does work more than 40 hours per week, however, the employer must pay overtime. It is not optional.

    This law is enforced by the Michigan Department of Labor and Econimic Growth at http://www.michigan.gov/dleg/0,1607,7-154-27673—,00.html as well as the Wage and Hour Division of the U.S. Department of Labor at http://www.dol.gov.

    We suggest that you report the overtime violation to the state first. HTH, and thanks for reading the blogs!~ Amelia

13. Posted by: robin

    If I am not paid for my 30 minute lunch and choose to sleep in my work truck during that thirty minutes, can they discipline me for sleeping on the job?

14. Posted by: Amelia

    Hi Robin!

    Maybe, if it is a violation of company policy. Generally employees may be allowed to sleep on their breaks, and if you were sleeping in your personal vehicle, you would probably be in the clear. But, when you are in the company truck, you are representing the company.

    Suppose John is a city snowplow driver. During the middle of a blizzard, when the roads are not being cleared, a TV news team films John sleeping in his truck. Can you see how that would make the employer look bad? In this case, John would probably not be disciplined for sleeping in the truck. He would probably be disciplined for conduct that presented the employer in a bad light. Most companies have rules against that, although they can be phrased differently. HTH, and thanks for reading the blogs!~ Amelia

15. Posted by: Brenda

    We have an electronic/fingerprint timeclock that only our Boss (owner) has access to. He adjusts and edits each employees start and stop times etc. I understand that he can do the start time based on your start time regardless of when you punch in..but he is now adjusting the stop times by the 7 minute rule.7 minutes is now zero and 8 minutes is now 15 minutes. We never see what your hours were and then become? Is this against the law and where may I find it written out? Is there anywhere you can have them investigate without using your name…? Thanks

16. Posted by: Amelia

    Hi Brenda! Actually, you have it backwards. If an employee clocks in early and starts to work, the employer must pay the worker for that time. The employer can discipline or even terminate the employee for not following company policy (by clocking in early) but the employee must still be paid.
    Many, many employers use the 7-minute rule and it is perfectly legal. Usually there is no need for the employer to change the times punched. The time the employee clocks in is merely rounded to the nearest 15 minutes. When an employee who clocks in at 7:55 a.m., it is rounded to 8 a.m. When an employee clocks out at 4:08 p.m., it is rounded to 4:15 pm. In this example, the employee actually worked 8 hours and 13 minutes, but is paid for 8.25 hours (or 8 hour and 15 minutes.) Most timeclock programs round this way automatically, and there is nothing illegal about it as long as the employer uses it consistently.
    For your own satisfaction, keep a written record of the times you clock in and out. If you find the employer is not paying you for all the time worked, you can report this to the Wage and Hour division of the U.S. Department of Labor at http://www.dol.gov. HTH, and thanks for reading the blogs!~ Amelia

17. Posted by: Brenda

    I guess what I am trying to say is that for example…if an employee punches out after 4:58 minutes..they are not docked a lunch and if you punch out at 5:01 you are docked for a lunch when in reality neither employee may have had a lunch due to a short day. Also, the employee never sees the altered times to know if they are or are not being paid for the correct hours but rather just a grand total on their paycheck. I do the payroll and it is frustrating to the people. So there may be days when the employees do not get a lunch according to the supervisor and are docked anyway and they would not know possibly if they were or weren’t docked due to no timecards they can see and touch but the fingerprint way. I understand the above 8 minute answer but doesn’t seem fair to the people who punch out at 4:07 lets say…and they have no clue that they will only be paid to 4PM.

18. Posted by: Amelia

    Hi Brenda! Thanks for clarifying. If the employer is deducting a meal break that the employee did not actually receive, that is illegal in all 50 states. The employer is violating the law under the FLSA, the federal Fair Labor Standards Act, which requires employees to be paid for all the time that they work. (The employer is also in violation of the Michigan minimum wage law.) The employer has the right to discipline or terminate an employee who does not take the required breaks, but not to avoid paying them. As payroll person, you may want to point this out to the employer, in case he is unaware that he is breaking the law. The solution, of course, is for the employees to take breaks when they are required to.

    The theory behind the “seven-minute rule” is that half the time it is in the employees favor, and half the time it is in the employer’s favor, so it works out even. In our experience, most employees figure this out very quickly and will clock out at 4:00 p.m. or 4:08 p.m.

    Most businesses today use computerized timeclocks with no timecards.The best practice in HR is to print out a report showing the clock-in and clock-out times for all employees, and the total number of hours worked. The employees sign the report when they receive their paychecks, verifying a) that they have received their paycheck and b) that the hours are correct. It would be wise for your employer to introduce this procedure. HTH, and thanks for reading the blogs!~ Amelia

19. Posted by: Joe

    Hello, I was interested in finding out a little more about punch clocks. My employer was using a punch clock that kept track of our work time down to the last minute on our punch cards. So, if we worked 40hrs 13min the pay was rounded down to 40hrs. But if it was 40hrs 15min, we were paid for 40.25 horus. This would be a running total throughout our pay period. Then last summer the manager of the plant changed punch clocks to where it only records in 15 minute intervals even though the punch clock still clocks in and out the same way.

    The reason I say this is twofold. When I start work in the morning it is on a production line. There is many instances where the production line begins 5-6 minutes before our scheduled time. For instance, if our day began at 7:00 the employee Handbook states we cannot punch in later that 6:59. But in reality, the line is starting at 6:54-6:55.

    The other reason is the production line works for an 8hr day. With a 30 minute lunch. So, our day ends at 3:30. Well, the production line begins early and ends late most days. There is days where we are working over 10-15 minutes of our own time daily outside of our scheduled start and end times. We are not allowed to punch out until 3:31, But if we are kept until 3:36, are we to stay on the line until finished or do we have an option to refuse?

    According to my estimates, in a 10 day pay period, I am 100-120 minutes over what the punch clock is paying. The question is this, if the employer was tallying and paying these 1/4 hr. sums before for “Real” total worked hours, are they able to use the “New” total worked hours formula?

20. Posted by: Amelia

    Hi Joe! The answer to your question is: Yes, this is legal. The employer can set the time clock to round all employees hours to the nearest 15 minutes, and in fact, most do. So when an employee clocks in at 6:52, his time is rounded to 6:45. When the employee clocks in at 6:54, his time is rounded to 7:00.

    If the employer was requiring that you begin work at 6:54 but not clock in until 6:59 or 7:00, that would be illegal. If you were required to work until 3:36 but made to clock out at 3:31, that would be illegal. But simply rounding the time to the nearest quarter hour is not.
    An employer can use one method of calculating payroll time, and then change it, as long as the change is uniformly applied to all employees. If the employer rounded the time when you clocked out late, but not when you clocked in early, that would be a problem legally.
    Yes, with the shifts as you describe them, this can result in you working as much as 12 minutes extra each day. Only you can decide if this job is worth keeping, knowing that you are contributing the extra 12 minutes.
    Many, many people right now would be glad to have a manufacturing job, even if they had to work an extra 12 minutes each day to keep it. HTH, and thanks for reading the blogs!~ Amelia

21. Posted by: Steve

    Is it required by michigan law for employees to have a break/lunch room separate from their work area? I work in a shop that is dusty and it is nice to get away from the area for a half hour lunch. Thank you!

22. Posted by: Amelia

    Hi Steve! No, there is no requirement that an employer furnish a break room in Indiana. Very, very few states have such a law. HTH, and thanks for reading the blogs!~ Amelia

23. Posted by: Andrew

    I live in Michigan, and I was wondering about a couple of things. First, is it legal for an employer to set a time clock 5-7 minutes fast, then require you to punch in based on that clock, but punch out based on an actual time clock? The way it’s set up now, They would require that I punch in for a shift at 6am (5:55 actual time) and clock out at 2:00 (2:05 time clock time)?

    Also, is there any law regarding working more than 8 hours in a day? (For instance, if I didn’t want more than 8 hours?)

24. Posted by: Amelia

    Hi Andrew! If we understand your question correctly, the employer has two separate time clocks. The first is set 7 minutes fast, the second is accurate. Employees are required to punch in on the first clock and out on the second clock. This way, the employer cheats every employee out of 7 minutes pay, every day. No, this would not be legal. If that is the situation, contact both the Michigan Department of Labor and the Wage and Hour division of the U.S. Department of Labor.
    However, if the employer merely had one time clock, and kept it set 7 minutes fast, that would be entirely lawful. It would also be lawful for the employer to schedule employees to work from 5:55 to 2:05, as long as they were paid for all the time they worked.
    It is entirely lawful for the employer to require that a Michigan employee work more than 8 hours in the day. The employer can require an employee to work 10, 12, 16 or more hours per day, every day. The employer can discipline or terminate any employee who does not. HTH, and thanks for reading the blogs!~Amelia

25. Posted by: Bob

    I have a question. I do tree work and have so for many years. We used to work 10 hour days with 2-15 minute breaks(paid) and half hour unpaid lunch. Just recently they went to 9 hour days 1-15 minute morning break at ten a.m. and a half hour unpaid lunch and then work from 12:30p.m.to 5:00p.m. without a break. This is very strenuous work. From 5 ten hour days to 6 nine hour days. Can they do this?
    .

26. Posted by: Amelia

    Hi Bob! Unfortunately, yes the employer can do this. There is no Michigan law requiring meal or rest breaks for employees 18 or over, so the employer could even cut out all breaks and still be within the law. Under federal law, the rest break is paid, the lunch can be unpaid. As long as the employer pays overtime, they can also change the workweek from 50 hours to 54 hours per week. HTH, and thanks for reading the blogs!~ Amelia

27. Posted by: Scott

    Hi,
    I live in Michigan and work for a technical service company. We’ve been informed that we will no longer be paid for travel time to and from a contracted job that has a fixed price. That is whether it is in the city limits or 2 hrs away! However,we WILL get paid travel time if it is a billable time and material job. What is the law regarding paying for travel time of hourly employees.

28. Posted by: Amelia

    Hi Scott! No, this policy is not entirely legal. The relevant statute is the FLSA, the federal Fair Labor Standards Act, which is the minimum wage law. (Michigan law does not cover this issue.) The FLSA requires that travel time outside the normal commuting range (for the area) must be paid. In addition, if the employee is transportion personnel or supplies, or must report to the office first, the employee must be paid for travel time.
    The regulations on travel time are fairly complex, and the U.S. Department of Labor has an eLaws advisor for them at the link below. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
    Use the U.S. DOL eLaws Advisor on Hours Worked at: http://www.dol.gov/elaws/

29. Posted by: Mary

    We are using the 7 minute rule but how this rule play into place if an employee work 8 hours a day five times a week= 40 hours, let say work from 8-5 with an hour lunch break. What if my employee only took 30 minutes lunch is that mean I have to pay him/her extra 30 minutes?

    With the 7 minute rule; if she clock in let say 8:05 pay as 8:00 right? This is where I am confused when they take lunch, is lunch is part of 7 minute rule? Let say she clock out lunch 12:10 then came back from lunch 12:44, so only took 34 mins lunch will this be equal to from 8:00-12:10= 4.00 total worked so far, 12:10 (7 minute rule will be 12:00) then clock in from lunch 12:44 end work at 5:00pm=total worked 5.5 . This employee end up look like she work 9.50 but she is only scheduled to work 8 hours a day, since she only took 30 mins. lunch and really the supervisor didn’t ask her to clock in early from lunch,is the employer responsible to pay her for 30 minutes? Even without supervisor signature? We have memo that they must take an hour lunch.

    Also another issue, if hourly employee work straight from 11:00 am to 5PM and did not take lunch due to very busy, would he get paid 6 hours or we can automatically deduct 30 mins lunch from his hours?

    Thanks.

30. Posted by: Amelia

    Hi Mary! We have the answers to all your questions. You might also want to post them on http://www.humanresourceblog.com, our site that specializes in answering questions from employers.
    Yes, if the employee takes a 30-minute lunch break instead of a one-hour lunch break, the employee must be paid for all hour worked. Both the federal and Michigan minimum wage laws require that employees be paid for all the time they actually work. If the employer has a policy in place requiring employees to take a one-hour break, the employee can be written up or fired for violating the break policy — but the employee still has to be paid for all the time they worked.
    You cannot “automatically” deduct a break that an employee did not take, ever. Walmart recently paid more than $10 million in back pay and overtime to employees, after the U.S. Department of Labor caught them doing exactly that. It’s against the law, and it’s not worth it.
    The 7-minute rule is not that complicated. In fact, it was invented to make figuring time cards easier. It simply means that when the employee clocks in or out, that time is rounded to the nearest 15-minute segment. If the employee clocks in at 8:05, that is rounded to 8:00 under the 7-minute rule. If the employee clocked in at 8:10 instead, that would be rounded to 8:15. T
    he rounding applies every time the employee punches the clock. If the employee clocks in and out 12 times a day, each time clock punch is rounded to the nearest 15-minute increment. It would be unlawful for you to apply the 7-minute rule sometimes when the employee punches in or out, and not at other times.
    In your example, suppose the employee clocks out for lunch at 12:10. That is rounded to 12:15 under the 12-minute rule. She then clocks back in from lunch at 12:44. That is rounded to 12:45 under the 7-minute rule. So this employee was on lunch from 12:15 to 12:45 — exactly half an hour.
    To figure how much time the employee worked for the day: she clocked in at 8:05, which is rounded to 8:00 and worked until 12: 10, rounded to 12:15 — that is 4.25 hours (4 hours and 15 minutes.) Then she clocked back in at 12:44, rounded to 12:45 and worked until 5:00 pm. That is 4.25 hours again, for a total of 8.5 hours worked during the day.
    This employee must be paid for the 8.5 hours that she actually worked, even though she violated company policy by not taking an hour break. She can be written up or terminated for not following the break policy, but under both federal and state law she must be paid for the time she worked. The same is true of the employee who wored from 11 am to 5 pm with no break — she must be paid for the entire time. (It would not even be appropriate to discipline that employee, since we assume her supervisor wanted her to work straight through, due to the volume of business.) HTH, and thanks for reading the blogs!~ Amelia

31. Posted by: james

    Here’s a question I’ve yet to find a clear answer to:
    My employer’s time clock runs through the POS system, where we clock in and out at the registers. When you punch in (or out), it can say one time, yet record another. Example: I punch in and the clock in the corner of the screen says “10:00″, so I believe I punched in at 10:00. Yet, it records the time punched as “10:01″, because the system changes the recorded time to the next minute forward if it is over the 29 or 30 second mark of the minute. However, “10:00″ is still displayed until the real time has moved the full minute to 10:01.
    Here’s the complication: I am treated as “late” because the time recorded is used versus the time displayed when I punched. You are unable to see your actual punch time until approximately 10-15 minutes have passed, and the timeclocks update the punches. Now, the employer uses my lateness as a strike against me, and that incident can be used to fire me, if these accrue to the total point value they have set up in their attendance policy (which is very vague to say the least).
    Which can the employee trust: the actual time they saw being displayed when they punched in, or the timeclock’s recorded minute-late, which is not shown?

32. Posted by: Amelia

    Hi James! From an employment law perspective, what the employer is doing is entirely lawful and ethical. Their timeclock system automatically rounds punches to the nearest minute. Since it rounds both the time you clock in and the time you clock out, it is legal. (Some employers who do not use POS systems round up to 7 minutes, so an employee who clocks in at 8:08 is paid beginning at 8:15. This is also lawful.)
    So the rounded time is the one you should use, and not the time displayed on the computer screen.
    The solution, of course, is for you to punch in by 9:59. That way, even if the POS system rounds the time to the nearest minute, you are still on time. HTH, and thanks for reading the blogs!~ Amelia

33. Posted by: Katie

    I was at work today waiting to see if i was going to get a lunch break, which would be an hour long (i understand they arent required to give me one). Now i work from 9am to 4pm, is it right for my boss to expect me to go to lucnh and 2:50pm? i drive home for lunch when i get a lunch and thats 20min there and back, is it ok for him to do that and expect me to drive all the way back to work for 10 minutes?

34. Posted by: Amelia

    Hi Katie! We agree that this is less than reasonable, but unfortunately it is entirely legal. Your employer would argue that he is not “expecting” you to drive anywhere — you are free to stay at work during your lunch break if you like. But we agree that this is way too late to be taking a meal breakwhen you get off at 4pm. If it happens regularly, you should try to discuss it tactfully with your boss. HTH, and thanks for reading the blogs!~ Amelia

35. Posted by: Rachel

    I am an assistant manager and usually only run the store with one other employee. We get half-hour unpaid lunches and ten minute unpaid breaks. Because I am the only manager in the store I cannot leave and perform my duties even during my breaks. I have heard that I am required to be paid if this is happening. Is this true?

36. Posted by: Amelia

    Hi Rachel! Those are actually two separate questions. In Michigan as in most states, the break can be unpaid even if the employee must remain on the premises. In fact, many employers never allow any worker to leave the premises during a meal or rest break.
    If you are regularly or constantly being required to take action during your break, then you should be paid for them. Suppose you are halfway through your meal break and are summoned to approve a check, which only a manager can do. That would entitle you to payment for the entire break. If this happens every time you take a break, then you are entitled to payment for the breaks. However, if you are simply in the store during your meal break (in the back room eating), the break is 20 minutes long or more, and you are not summoned to work a register or handle a customer complaint during that time, the break should be unpaid.
    As assistant manager it is part of your job to schedule breaks (for yourself and for other employees) at a time when they are unlikely to be disturbed. HTH, and thanks for reading the blogs!~Amelia

37. Posted by: JODY

    Message what is law about not getting lunch on a saturday after u already put in over 40hrs during week. we work 9 am to 6pm with 30min lunch break unpaid..plus work saturday 9am to 3pm…but are not suppose take lunch on saturday …No written rule is in place just what someone said. can i take lunch and get paid. also if paid a set amount without overtime pay am i required to work the overtime.

38. Posted by: Amelia

    Hi Jody! Since there is no Michigan law that requires an employer to give meal breaks to workers over the age of 18, that includes Saturday. You can always ask your supervisor if you are permitted to take a lunch break on Saturday, but our guess is that it will be unpaid.
    Salaried employees can be either exempt or non-exempt. Salaried exempt employees are not entitled to overtime when they work more than 40 hours per week. Salaried non-exempt employees are entitled to overtime when working more than 40 hours per week, under both Michigan and federal law. If your lunch breaks are unpaid, you are most likely a non-exempt employe — but search our archives for more information if you are not sure. HTH, and thanks for reading the blogs!~ Caitlin

39. Posted by: missy

    my employer is prohibiting everyone from leaving the premises on their unpaid 30 minute lunch break, is this legal? can they do this? are they breaking the law?

40. Posted by: Amelia

    Hi Missy! This is entirely legal. The employer can require that employees remain on the premises for their meal break. As long as the employees are relieved of all duties, the employees need not be paid for the meal break. A few states have laws that require the employer to pay workers who are not allowed to leave the premises, but Michigan does not. HTH, and thanks for reading the blogs!~ Amelia

41. Posted by: Katy

    Hi Sarah,
    When is Michigan going to get some new labor laws, such as lunch and break laws? My daughter also works in Michigan and is standing on her feet for 8 hours or more, and just informed me they get NO breaks and NO lunches! This is ridiculous. Michigan definately needs some new labor laws! I hope to hear where they have improved this topic tremendously!

    Katy

42. Posted by: Sarah

    Hi Katy! That is up to the voters in Michigan and their representatives in the state legislature. If you are a voter in Michigan, then the solution here is to get politically involved. HTH, and thanks for reading the blogs!~ Sarah

43. Posted by: Katy

    Sarah,
    I lived in MI all my life up to 6 yrs. ago and always voted. I haven’t ever seen anything about lunches/breaks that I could vote on. I no longer reside there but all my family is there. Can you give me some information of how they can contact someone about this topic, that would get results?

    Thanks,
    Katy

44. Posted by: Sarah

    Hi again, Katy! In order for Michigan to have a break law, it would have to be passed by the state legislature — like any other law. State representatives are elected by the voters. So the first step would be for you to contact your representatives in the state legislature and let them know this issue is important to you. You might also consider starting a petition to have other registered voters sign, volunteering for a candidate who supports a break law or attending meetings and asking candidates where they stand on this issue.
    Generally, representatives pass laws when they believe those laws are important to the voters in their district. HTH, and thanks for reading the blogs!~ Sarah

    Find your state rep at: http://www.legislature.mi.gov/(S(jmhnlr555ciaoc55x5t51p55))/mileg.aspx?page=home

45. Posted by: Sherry

    Are there any laws for commission sales positions? i.e. overtime, time off, sick time, breaks or pay rate?

46. Posted by: Amelia

    Hi Sherry! Most commissioned sales people are exempt employees, and all of the regulations that apply to other exempt employees under federal and state law apply to salespeople, including the Michigan break laws. There is no law that exempt employees must be paid overtime. There is no law that exempt employees must receive sick time. HTH, and thanks for reading the blogs!~ Amelia

47. Posted by: Dan

    I work as a mechanic in a forklift dealership in Michigan. “F” bombs fly all day. My Question is my supervisor allowed to call me a “F”er when Im trying to talk to him about a serious problem? I.E. “All you “F”er’s are overpaid cry babies.

48. Posted by: Amelia

    Hi Dan! Your supervisor is not going to win the “manager of the year” award any time soon, but what he is doing is legal.
    There is no law against profanity in the workplace. If there were, many police departments and construction sites (as well as other employers) would have to shut their doors. This is true even if the profanity is aimed at an employee. So yes, your supervisor is permitted to call you an F*er. If he threatens bodily harm, or touches you, those actions are illegal. So if he tells you to “Get out of my f*ing face or I’ll hit you” or shoves you, that should be reported to the police. However, what he is currently doing is legal. HTH, and thanks for reading the blogs!~Amelia

49. Posted by: Kim

    Hi,

    I hired in with an employer who has no policy and procedure manual/handbook/etc. The rules and such change on his whim, and now I’m being written up. I’m also being told a couple of things and I want to know if they are legal (I’m in Michigan):
    1. I am required to take the work cell phone home overnight and answer calls-it was accidentaly broken, and now I’m being told I have to pay for replacement, nothing was ever written/signed saying I’m responsible-do I have to pay?
    2. I’m being written up for not following proper procedure, but there is no written procedure, as I said, it changes as my bosses mood changes.
    One day I’m told, 2 write ups of this kind, and one of this result in you being fired for failure to follow procedure, then the next the amounts change.
    My boss has actually said to me: If you continue to get written up, you will be fired and you won’t be able to collect unemployment because you didn’t follow procedure, and I know you just got that new car you’re paying on…
    Is this legal, and is he right? (Remember-there’s no procedure manual and nothing in writing about “write ups”.)
    THANKS!
    Kim

50. Posted by: Amelia

    Hi Kim! Obviously, this employer sounds like a real piece of work. We hope you will find a different job as soon as the economy picks up.
    1) No, the employer cannot make you pay for the broken cell phone, because nothing is in writing. Under Michigan law, deductions of this type can only be made to the employee’s paycheck when the employee has previously agreed, in writing, to the deduction.
    2) The employer is partially right here. Michigan is an employment-at-will state, meaning the employer can fire any employee, at any time, with or without a reason. So he certainly can fire you for “violating company policy” even if those company policies exist only in his head, and change from minute to minute. However, it is very likely that you will be able to collect unemployment benefits if you are fired, because he is making up the “policies” as he goes along. It would work like this: he fires you. You apply for unemployment beneifts. You are denied, because he says you were fired for cause. You appeal, and point out that you could not possibly have known what the “policies” were, since they were not written. Most likely, you would win unemployment on appeal. (This would not work if you violated the same policy several times.)
    We will also note that it is quite possible that this employer is breaking the law in other ways, such as not paying unemployment insurance taxes.
    An honest, reputable, reasonable employer does not try to control employees with threats like “I know you just got that new car you’re paying on…” That’s why we hope you are looking for a new job. HTH, and thanks for reading the blogs!~ Amelia

51. Posted by: steve

    So what you are saying that it is okay for an employer, or supervisor, to ridicule an employee? When does verbal abuse occur? I understand that verbal abuse is not allowed at the workplace, by the employer or anyone else, in Michigan. I need to know the facts, and where to find the law regarding this issue.

52. Posted by: Sherry

    I work in commission based sales. We are allowed to come in and work on our days off to make more sales, however, depending on the manager’s mood and the month, some of our staff have been told not to put down extra hours worked on our time cards because they were not “scheduled” on that day. Our extra hours may also include going to a clients home on our day off for work related business. This usually happens when they are trying to micro-manage people and threaten them with their job for not doing well enough with sales and they are not making enough in commission to cover minimum wage. Is this legal? They also say that if we sign a form stating their right to fire us for not writing a specific amount within a three month period, that if it is signed with a witness from the company there, they will not be responsible for paying any unemployment. Is this just harrassment? Or is it the truth?

53. Posted by: Amelia

    Hi steve! Unfortunately, the information you have been given is incorrect. There is no Michigan or federal law that forbids verbal abuse in the workplace. Sexual harassment is illegal. So is a hostile workplace if it is based on the employees race, color, national ancestry, sex, age, disability, etc. However, simply being rude, swearing or heaping verbal abuse on employees is lawful.
    Obviously this is not good management and it’s a bad practice. But it is not illegal, in Michigan or elsewhere. Sorry, wish we could be of more help. ~ Amelia

54. Posted by: Amelia

    Hi Sherry! If you are an hourly employee, under both Michigan and federal law, you must be paid for all the time you work. This would be true, even if your supervisor specifically told you NOT to come in on Saturday, and you did anyway. You are also entitled to payment for the time you spend at a client’s home on work-related business. You and any other employees who are affected should file wage claims with the Michigan Department of Labor and Economic Growth, or the US Department of Labor.
    Also, the employer is bluffing. In most cases, when an employee is fired for reasons beyond his or her control, the employee qualifies for unemployment. Suppose you knowingly steal a computer from work. That is within your control, and you would not qualify for unemployment benefits. However, if you simply do not sell enough product, despite your best efforts, that is probably not within your control. In that case, you would qualify for unemployment benefits. HTH, and thanks for reading the blogs!~ Amelia

55. Posted by: mary

    hi, i want to know if it’s legal for the company i work for make us clock out in the break room and then we have to wait for managment to come and check us out at the door? alot of times it can be 5 to 10 minutes waitting for them off the clock so we can go home.

56. Posted by: Amelia

    Hi mary! No, under the federal FLSA or Fair Labor Standards Act, you must be paid for all the time that you are required to remain on the employer’s premises. So you must be paid for the 5 to 10 minutes spent waiting for the supervisor to check you out at the door. You should keep written records of the amount of time you are required to wait, and file a wage complaint with either the Michigan Department of Labor and Economic Growth or the US Department of Labor. Also encourage your coworkers to file claims. HTH, and thanks for reading the blogs!~ Amelia

57. Posted by: mary

    hi, i have a question. i’ve worked at the same place for 7 years and every summer they turn the air condition off on us to work in . but in the office. we work hard there are no windows that open so there’s no air current but we get very hot working. Also in winter it’s freezing they turn the heat off on us . is this legal? thanks mary

58. Posted by: barb

    what are michigan labor laws pertaining to an employee that has to take 2 – 20-30 minute breaks per day to “pump” for her little child.

    is the employer required to pay her for that time?

59. Posted by: Amelia

    Hi barb! Several states have laws that require employers to provide unpaid time and a place for a breastfeeding mother to pump milk for the infant. Michigan does not. However, generally these breaks can and should be unpaid for hourly workers. Exempt employees, of course, are entitled to the full day’s pay.
    Note that under federal law, if the breaks were less than 20 minutes, the employer might be required to pay for them. HTH, and thanks for reading the blogs!~ Amelia

60. Posted by: Amelia

    Hi mary! There are no specific regulations for general industry about the temperature in the workplace. Employees work outside in 120-degree heat in the summer in Texas, and in sub-zero cold in Chicago in winter. However, in some cases OSHA requires employers to take steps to reduce the risk of heat stroke in summer, or hypothermia in winter. If you believe the working conditions are unsafe due to extreme temperatures, you should contact OSHA at http://www.osha.gov. HTH, and thanks for reading the blogs!~ Amelia

61. Posted by: debbie

    I am working overnight at a Retail store I have the key to the store when we go on breaks (paid) and lunch(unpaid) we are told we can not leave the building . If you are not paided for your lunch that is your time .I would like you could do anything as long as you where back in 30 min that how long the lunch break are .Instead we are not allowed to unlock the door for air or smoke on our lunch is this right in michigan?

62. Posted by: debbie

    day crew can leave the building why not the night crew?

63. Posted by: Amelia

    Hi debbie! Sorry, but the employer is right in this case. Under Michigan and federal law, a meal break of 20 minutes or more can be unpaid as long as the employee is relieved of work duties. This is true, even if the employee is required to remain on the premises. In fact, it is very common for employers to require the employee to remain on the premises. (The same is true of breaks, but if they are shorter than 20 minutes they must be paid.)
    A Michigan employer can also make the entire property non-smoking, which would mean that you cannot smoke from the time you come to work until the time you leave. HTH, and thanks for reading the blogs!~ Amelia

64. Posted by: Amelia

    Hi again, debbie! An employer can legitimately have one set of rules for day shift employees, and another set for the night crew. These rules may very well be for your safety, or they could be to prevent employees from stealing. HTH, and thanks for reading the blogs!~ Amelia

65. Posted by: Bridgette

    Can an employer in Michigan decrease an employees pay and hours for missing a week of work when sick? I had sick days and also a doctor excuse that said I couldn’t return.

66. Posted by: Amelia

    Hi Bridgette! It’s hard to answer your question without knowing all the circumstances, so the answer has to be “maybe.” There is no law that an employer must provide paid sick leave to employees. If the employer does provide it, the employer makes the rules regarding sick leave. If you do not comply with those rules, then the employer can in fact dock your pay for time away from work, whether you are an hourly employee or an exempt employee. Our best guess is that the employer thinks you did not follow the sick leave policy somehow.
    If the employer has granted paid sick time to other employees in similar circumstances, then this could be illegal discrimination. But again, we would have to know more about it. HTH, and thanks for reading the blogs!~ Amelia

67. Posted by: Sherry

    My co-workers and I were talking about work and how our one boss seem to constantly be interrogating and belittling us. (Us meaning everybody on the staff that is a woman who he feels he can pick on. It’s not sexual harrassment in any way, just very condescending and makes you feel like you are constantly doing something that is wrong. I don’t feel that I and the other employees are being micro-managed due to performance because we are a combination of the top and middle writers at a commission based showroom. Are there any laws pertaining to the stress level from an employer. Maybe creating an unhealthy environment through emotional stress or something? I appreciate your reply!

68. Posted by: Amelia

    Hi Sherry! Unfortunately, no, there is no law limiting the amount of stress that an employee can be subjected to.
    However, this conduct may be illegal discrimination if women are treated differently than men in very similar situations. Suppose Ted and Jane have the same sales for last month. The employer calls Jane into his office and loudly berates her at least once per week about her sales, while he barely mentions it to Ted. This is illegal discrimination based on sex — female employees are being treated differently than male employees. If you think this is the case, your first step would be to keep a written record of incidents where a female is treated differently than a male in similar circumstances. Once you have that information, you can approach the HR department or file a complaint with the EEOC.
    However, if the boss interrogates and belittles both Ted and Jane, then in HR we call him an “equal opportunity a-hole”. His conduct is poor management, but it is lawful. If this person has a supervisor, or there is an HR department (even if it is at the corporate office) several of you should get together and bring this behavior to their attention. You may want to present it as “our boss may not realize it, but he is harder on the women who work for him. We just don’t want the company to get in any trouble due to what appears to be sex discrimination.” Or you may present it as “we respect our boss but think some of his interpersonal communication is not effective or respectful.” When one employee complains he or she may be regarded as a troublemaker, but when a number of employees complain about the same issue at the same time, it suggests there is a real problem. Feel free to post any additional questions you may have. HTH, and thanks for reading the blogs!~ Amelia

69. Posted by: Bridgette

    To try and further explain my situation, I started getting sick and after checking me over,the doctor I work for told me I just had a cold. I felt worse by the next day so he said he would give me an antibiotic to help me out and I left work to go home and rest. I continued to get worse so I went to an emergency walk in center. They did some testing and said I had the flu and needed to stay home for 5 days before returning to work. They even gave me a written excuse and sent copies of all they did to my employer. When I went back to work last Monday and gave my doctor (employer) my excuse, he started yelling at me and told me I should have come to work since I only had a cold. It made it hard working without me there and only the one other medical assistant. He further told me that he had looked over the results from the clinic and he still believed I wasn’t sick and could have come into work. He said he is going to cut my hourly pay and my work hours because I didn’t come in.
    I did have sick days, which he let me use for those days off. Is it legal for him to cut my pay and hours now? He gave the other assistant some of my job duties and also gave her a pay raise. He treats me very cold and won’t talk to me unless he asolutely has to now also.

70. Posted by: Amelia

    Hi Bridgette! This is a bad situation, but what the employer has done appears to be lawful.
    We will say, if the comments we get on this site are any indication, most doctors could benefit from a basic HR seminar. They seem to have more trouble supervising employees than any other occupation.
    The employer did pay you for the days you were out sick. Technically, an employer can reduce any workers hours at any time for any reason. (The exception would be if the employer were discriminating against an employee based on race, color, religion, sex, etc.) In this case, the employer appears to be handling what he perceives as an attendance problem by scheduling you for fewer hours. This is not good management. The best practice is not to use “punative scheduling”. However, it is lawful.
    It is also clearly unreasonable for the employer to demand that you come to work when sick, or that you accept his diagnosis and not seek a second opinion. Unfortunately, while all of this is unreasonable and bad business management, it is lawful.
    If the employer significantly reduces your wages and/or hours, and you decide to quit rather than accept the new working conditions, in most cases you can collect unemployment benefits. However, if you work under the new arrangement even for one day, you have accepted the new conditions and would not qualify for unemployment if you quit later.
    If you decide to stay in this job for the time being, you would be completely justified in looking for a better job. And, the employer has made it clear that he expects you to work when you are ill (which would probably disappoint many of his patients, who would rather not be around your germs.) HTH, and thanks for reading the blogs!~ Amelia

71. Posted by: Sherry

    Hello Amelia,
    So today my boss came up to me with a picture in the newspaper of a girl making an ugly face while making a golf swing and laughed in front of co-workers saying he found my twin because she looked just like me. It was really offensive to me and quite embarrassing. Is this something to document against him for sex discrimination?
    Sherry

72. Posted by: Amelia

    Hi Sherry! That is not conclusive evidence of sex discrimination but yes, you should keep a written record of the date, time and the incident of any demeaning behavior like this. If you can get a copy of the newspaper photo, so much the better. Do this for anything that makes you uncomfortable. But again, merely being insulting to women does not prove illegal discrimination if the boss is also insulting to men. (It may prove that he has poor interpersonal skills and is not very good at his job.) The strongest evidence of discrimination is if he treats men and women differently.
    However, once you have a number of these demeaning incidents, you and your coworkers can go to HR with them. HTH, and thanks for reading the blogs!~ Amelia

73. Posted by: Chris

    My employer doesn’t provide a break area that is completely free of work. The break room constantly has clients in it. Is it legal for them to do this?

74. Posted by: Amelia

    Hi Chris! Yes, this is lawful in Michigan. There is no requirement that a Michigan employer must provide a break area for employees — or that the break area be free of clients.

    Under both Michigan and federal law, if the employee is free of work duties during the meal break, the break need not be paid. So if you are free to eat, read or snooze during your meal break, the fact that a client is getting a soft drink from the machine does not change that. You are relieved of all work duties during your break.

    However, suppose you were an aluminum siding salesperson. The breakroom was constantly filled with customers, and they interrupted your meal asking questions about aluminum siding. In that case, you would be working while eating your meal, and you would have to be paid for the meal break.

    This is a complex issue, so feel free to post additional questions. HTH, and thanks for reading the blogs!~ Amelia

75. Posted by: Renae

    I just started a new job in the service industry after 15 years of being out of it. On the time clock, you can punch in up to 15 minutes early, but then it rounds it up to the actual start time of your shift, but I am expected to start preparing and/or start taking tables. Technically, should I be paid for the 15 or so minutes prior to my actual start time? Also, I worked a 9 hour shift yesterday, and I was not offered even a 5 minute break much less a break for meal. Is this legal?

76. Posted by: Amelia

    Hi Renae! Under both Michigan and federal law, employees must be paid for all the time they work. Michigan law requires that time be calculated to the nearest 1/10 of an hour. So rounding the time to the nearest quarter-hour is not lawful in Michigan. In addition, it appears that the employer is requiring you to arrive and begin working at 15 minutes before the hour, but not paying you for that time. For example, the employer requires that you come to work at 4:45 pm but does not begin paying you until 5:00 pm. This is completely unlawful. Keep accurate written records of your hours for a few weeks, and file a wage claim with the Michigan Department of Energy, Labor and Economic Growth.

    There is no federal or Michigan law that an employee over 18 must be given a break on any shift, no matter how long it is. Even if the employee worked 20 hours without a break, that is lawful in Michigan. MIOSHA standards require that employees be permitted to use the toilet when natute calls. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.michigan.gov/dleg/0,1607,7-154-27673_32352-180812–,00.html
    and http://www.michigan.gov/dleg/0,1607,7-154-27673_32352-117201–,00.html

77. Posted by: Lisa

    Is it legal for my employer to require me to attend meetings and training sessions at work without being paid? These are outside normal work hours and on weekends. I work at a daycare and have to have several training hours per year making minimum wage. We are required to be CPR certified and had to pay more than half the fee and not be paid for the time we were there (3 hours).

78. Posted by: Amelia

    Hi Lisa! From a legal standpoint, there is a difference between a company meeting and training or certification for your job. Under federal law, if training is mandatory, job-related and paid for by the employer, then it must be paid. (Michigan law only requires that employees be paid for on-the-job training.) If the employer had a meeting on Tuesday night to discuss new policies and procedures in the workplace, you would have to be paid for that time.

    However, the employer can simply say “Childcare workers need to be certified in CPR.” (In many states, by law childcare workers must be certified in CPR, meaning if your certification lapses, the employer must fire you.)

    That makes CPR a basic requirement for your job. In this scenario, you would be free to attend any CPR class that you like, as long as you had the certification.
    In that case, while CPR certification is mandatory, that particular class is optional. The employer is basically saying, “You need to have CPR certification by a certain date.” Under those circumstances, the employee need not be paid to attend the CPR class. And, in fact, your employer is being very generous in paying a portion of the class fee — there is no requirement that they do so.

    So no, you are not entitled to payment for the CPR class. The good news is that if you were to switch jobs, your CPR certification transfers with you. HTH, and thanks for reading the blogs!~ Amelia

79. Posted by: Shan

    Is there a minimum shift requirement in MI? We’ve been getting quite a few 2 hour shifts lately and I always believed the legal minimum was 3 hours.

    Thanks.

80. Posted by: Amelia

    Hi Shan! No, there is no minimum shift requirement in Michigan or in any other state. An employer could hire someone to work 1 hour shifts, and it would be lawful. Several states have reporting pay requirements when an employee is scheduled for an 8-hour shift and sent home early. However, it sounds like in your case the employee is being scheduled for 2 hours, and working the entire scheduled shift. That is completely legal in Michigan and other states. HTH, and thanks for reading the blogs!~ Amelia

81. Posted by: Jeff

    Currently my employer has me working 8.5 hours per day 5 days a week (42.5). I am considered salary even tho I have to take vacation on sick days. Is 42.5 hours legal for salaried workers or should I be getting 2.5 hours per week of Overtime? Also I get no breaks but a 30 minute unpaid lunch, so technically I work 9 hours a day.

82. Posted by: Amelia

    Hi Jeff! Under the federal FLSA or Fair Labor Standards Act, it is completely legal for an employer to require an exempt employee to work 42.5 hours per week without being paid overtime. In fact, the employer could require the employee to work 142.5 hours per week without being paid overtime.

    Exempt employees are entitled to the same salary regardless of how many (or how few) hours they work every week. They are never entitled to overtime.

    An employer can require that an exempt employee use vacation days when he or she is away from work the entire day.

    Many people assume that the “standard” work week for exempt employees is 40 hours, and that an exempt employee who works more than that is going above and beyond the call of duty. This is not the case. The employer can establish the “standard work week” at 60, 80 or 100 hours per week. The exempt employee is not entitled to overtime (ever) and can be disciplined or terminated for not working that many hours in any week. So if you are genuinely an exempt employee, working only 42.5 hours per week is a very reasonable schedule.

    There is not enough info in your post for us to determine if you are genuinely an exempt employee or not. HTH,and thanks for reading the blogs!~ Amelia

83. Posted by: Ann

    1) In Michigan can an employee that has been laid off with the knowledge he will be called back to work, be called back as a temporary worker and not given any benefits. I was drawing unemployment benefits through this company so I could not refuse the work. They are training me in a different job than what I had before I was laid off, but I don’t know if it is permanent.

    2) Also, I was called back to work before Christmas and New Years and was not paid any holiday pay. Is that legal?

    3) Can a company dock you 15 minutes for being 1 minute late in punching in, but they don’t pay you when you are early?

    4) This company also says if we don’t punch in and out for lunch we are automatically charged for an hour regardless if we are working inside or driving a truck that is away from the building at lunch time. Can they do that?

84. Posted by: Amelia

    Hi Ann! To address each question–
    1) Yes, this is lawful. There is no law that any employee must be given benefits, whether the employee is temporary or permanent. You can refuse the temporary assignment, but there may be consequences with unemployment.

    2) There is no law that any employer has to offer holiday pay to employees. This is completely legal.

    3) No, an employer cannot dock your pay in this way. An employer can round the time, but it must benefit the employee as often as the employer, to be lawful.

    4) No, this is not legal. Under both federal and Michigan minimum wage laws, employees must be paid for all the time that they work. If you work through lunch, the employer can discipline or terminate you, but they must pay you for the time worked.

    You should file a wage complaint with the Michigan Department of Energy, Labor and Economic Growth on items 3) and 4). You should consider this a permanent layoff and look for a better job, even if you have to travel outside Michigan to do so. This employer is not acting in a responsible and ethical way, and it is unlikely that you will ever be recalled to the job you held before, with the same salary and benefits.

85. Posted by: Pam

    My superviseor is saying that they don’t even have to give us a break if we come in at 5:30a.m. when my schedule is 6:30 a.m. to 3:00 p.m. and they have us stay til 4: p.m. I’m afraid if I show them the proof in my favor that I would be fired. She is acting like a slave driver and wanting people to quit and doing any thing they can to yet rid of people and that isn’t all they are taking things away the last thing is no more matching on the 401k it seems like they are doing everything to keep them legal and take want they can. I do want an answer on what to do and to find out my request on Indiana labor laws. please help me.

86. Posted by: Amelia

    Hi Pam! It sounds like working conditions are pretty grim, and we have sympathy for your situation. However, your supervisor is correct. Neither Michigan nor Indiana has a law that requires meal breaks for employees over 18, or even short rest breaks. Nor is there any federal law that requires breaks for workers in general industry. So there is no proof in your favor for you to show her.

    OSHA worker safety regulations require that employees be permitted to use the toilet when nature calls, but this does not include smoking, making personal phone calls, snacking, etc. It strictly covers using the toilet.

    You are entitled to payment for all the time that you work, so if you are an hourly employee and you start work an hour early, or work an hour late, you must be paid for that time.

    Many, many employers are doing everything they legally can to save money right now, for two reasons: 1) they want to stay in business during the worst depression of our lifetimes and 2) they want to avoid laying employees off. So even though things are grim right now, give your employer a little credit — she actually has your best interests at heart. If she did not, she would simply lay people off.

    More than 75% of employers that offer 401k do not offer matching funds. If your employer did offer that benefit in the past, she was very generous. Again, give her the benefit of the doubt during these hard times. HTH, and thanks for reading the blogs!~ Amelia

87. Posted by: Sonja

    The company I work for was hired from a major utility company as a call center for customer service, as a full time CSR. The utility company is now offering our company less hours. I now have an Overflow schedule. I am scheduled 9 to 5:30 m-f. Which means i have to report to work and be answering calls by 9am, by 10 am our supervisors get the call reporting how many over flow agents must leave due to not enough call ins to cover. Someone told me that there is a Michigan Labor law that requires an employer to pay an employee a minimum of 4 hours if they reported on time, but were sent home for no hours. Is this true? (Also, the reason i dont have a guarenteed shift now is due to performance. There are several areas of quality that you must pass in order to be concidered an “a or b” agent (those who are now granted a full time schedule) if you do not make those lists you are concidered a “b or c” agent in which you could end up with a part time schedule OR an overflow schedule. We are told they are randomly selected.) Thanks, Sonja

88. Posted by: Amelia

    Hi Sonja! No, the information you were given was incorrect. Several states require that an employee who reports for an 8-hour shift be paid a minimum of 4 hours, but Michigan does not. The employer must pay you for the time you work. HTH,and thanks for reading the blogs!~ Amelia

89. Posted by: Joe

    In Michigan if you are on a 15 minute paid break, is it true that if you are told to deal with work issues while on your break that it still counts as your break? Or does the break start over after work is completed. Say, I go to break at 2:00 and at 2:06 my manager comes in and asks me to talk to her about a file. Does the break start over when we get done discussing the file, or do you just get the last 9 minutes of the break?

90. Posted by: Amelia

    Hi Joe! It’s even worse than that. Because there is no law that requires rest breaks in Michigan, the employer could call you back to work after 6 minutes. Or, the employer could never give any rest breaks at all. So if the employer is allowing you to take the 9 minutes at a later time, he or she is actually being generous.
    The answer would be different if you were working under a union contract that required breaks. HTH, and thanks for reading the blogs!~ Amelia

91. Posted by: Dawn

    I’m working till 1am, and have to be back to work at 9am. I then have to work a 16 hour shift with no breaks is this legal?

92. Posted by: Amelia

    Hi Dawn! Unfortunately, yes, this is legal. Michigan has no law regarding the minimum time between shifts for employees. In fact, the employer could require that you work this scheduled every day, as long as they pay overtime. HTH, and thanks for reading the blogs! ~ Amelia

93. Posted by: The Sam Bernstein Law Firm

    This is very unfortunate. How could we enact change to alter the policy?

94. Posted by: Amelia

    Hi The Sam! You would contact your elected representatives in the Michigan House or the Michigan Senate to pass a break law. HTH, and thanks for reading the blogs!~ Amelia

95. Posted by: Daniel

    Hi, I am working for a place that supposedly has a hand book that I have yet to see, but what I am asking who can I contact and have something done about the many things that go on in the store quickly. Here is the list: 2nd shift having to do 3rd shifts work due to the fact the person on 3rd shift is over weight and cannot function correctly, a plug to equipment that has prongs bent out so it fits into the socket, I get breaks taken out that I do not take, the fans in the freezer will blow out water causing the floor in the freezer to gather ice, the owners use the back room as storage for there own stuff, they put rules in place and bend them for their family members that work there, they tell the person(s) that they have to punch out if the stock truck doesn’t get there on time and they don’t get paid to sit there for 2 to 4 hours and cannot leave, and my favorite is when trying to talk to the owners about the things that go out there you get your hours cut then they go around calling you a whiny little bitch to other employees. Any help would be great the sooner the better. Thank you for your time.

96. Posted by: Amelia

    Hi Daniel! It sounds like they are giving you a hard time at this job, and we sympathise. The long-term solution is probably for you to look for another job.

    Your post raises a number of issues, and we will group like ones together, telling you what action to take in each case.
    1) I get breaks taken out that I do not take: This is a violation of both the Michigan and federal minimum wage laws, which require that an employee be paid for all the time he or she works.they tell the person(s) that they have to punch out if the stock truck doesn’t get there on time and they don’t get paid to sit there for 2 to 4 hours and cannot leave: This is illegal. The employee must be paid for time spent on the premises waiting for work. For both of these, keep a written record of the days and hours this occurred, and file a wage complaint with the Michigan Department of Energy, Labor and Economic Growth at http://www.michigan.gov/dleg

    2) Second shift having to do 3rd shifts work due to the fact the person on 3rd shift is over weight and cannot function correctly: Nothing. In fact, if the person on third shift has a permanent condition that is a disability, the owner may be legally obligated to provide this accommodation. Regardless, the owner gets to assign tasks to employees.

    3) A plug to equipment that has prongs bent out so it fits into the socket, the fans in the freezer will blow out water causing the floor in the freezer to gather ice, : report safety violations to OSHA at http://www.osha.gov. The owners use the back room as storage for there own stuff: Unless this is a food storage area or a fire hazard, this is legal. The owner can decide what to keep on his property.

    4) they put rules in place and bend them for their family members that work there: This type of favoritism is very common, and completely legal

    5) and my favorite is when trying to talk to the owners about the things that go out there you get your hours cut then they go around calling you a whiny little bitch to other employees : This is borderline. An employer cannot retaliate against an employee who complains of violations of laws, however, if the employee is griping about conduct that is legal, then the employer can say anything they want.
    HTH, and thanks for reading the blogs!~ Amelia

97. Posted by: Daniel

    Hi again, I brought up these issues in a mandatory meeting that we had the other day at work. We were yelled at for having out cell phones on us, now the rule is we cannot have our cell phones on us at work even if we are coming into the store on our time off. Isn’t that illegal? Also I was wondering what I can do about me getting my hours cut drastically once again. I went from working 26+ hours a week down to 13… I have seen them do this before where they forced people to quit so they do not have to fire them. Isn’t this some form of harassment just like them blackmailing people to get them to come to there meetings that we were not notified about until the day before. Pretty much what the meeting consisted of was them targeting 3 people and which I was one of them. Yes I am currently looking for another job but I do not think that this is fair how they are treating everyone there. Whatever else info you can give would be great. Thank you again Daniel.

98. Posted by: Amelia

    Hi again Daniel! Well, we agree with you that this owner is not going to win any employer of the year awards. However, everything you mention in this post is legal. It isn’t good management, but it is legal.
    Let’s look at them one by one. We were yelled at for having out cell phones on us, now the rule is we cannot have our cell phones on us at work even if we are coming into the store on our time off. Isn’t that illegal? No, this is completely legal. Many employers ban cell phones at work when employees are talking on the phone when they should be working. We will say that we believe this is unwise in a convenience store, where an employee could be robbed and need to use his or her cell phone to call the police. But it is legal. Some employers even ban employees from coming to the store at all when they are off.
    Also I was wondering what I can do about me getting my hours cut drastically once again. I went from working 26+ hours a week down to 13… You can apply for partial unemployment. Usually the employer will give you more hours, rather than have their unemployment costs increase.
    I have seen them do this before where they forced people to quit so they do not have to fire them. Isn’t this some form of harassment? No, it does not meet the legal definition of harassment. It may be illegal retaliation if the employer is taking this action because you complained about minimum wage and worker safety violations. Our advice is the same as last time: report the illegal actions to the appropriate state or federal agency. If you won’t do that, we can’t help you. You are right about one thing, though. They are trying to force you to quit, because then they can avoid paying unemployment. You are much better off being fired for a reason beyond your control, rather than quitting.
    … just like them blackmailing people to get them to come to there (sic) meetings that we were not notified about until the day before. An employer can make a meeting mandatory and fire any employee who does not attend. Ideally, the employer should give you more than one day’s notice, but this is legal.
    I do not think that this is fair how they are treating me You’re right — it’s not fair. But most of it is legal. HTH, and thanks for reading the blogs!~ Amelia

99. Posted by: Eric

    I think I am following the 7 minute rounding to the nearest 15 minute rule from the examples set forth above, but just to absolutely sure I got it here is my situation:
    My fellow employees and myself work 6:30 am – 3 pm. We can clock
    in 14 minutes prior to our start time (one minute over equals 15 min.s
    late). At the end of the day we clock have to clock out between 3 and
    3:14 pm.
    Question 1, It doesn’t seem to me they are applying the rule fairly. We should be able to clock out at 2:46 to 3 pm, shouldn’t we?

    Question 2. If I am understanding it right, can you tell me exactly (chapter & verse) what / where the law / rule can be found. My employer isn’t going to take my word or a blog as a referrence for it.

    Another oh-by-the-way is about meal braeks. We monitor radios during lunch for calls. Whether we respond to the right-away or not, does listening
    for calls over an unpaid lunch qualify as work, and therefore the meal period
    should be paid. I addressed this with my supervisor and he said it wasn’t work. I need to show it to him in black-&-white so I can get paid for the past
    pay periods. Thanks for your help and any info you can share.

100. Posted by: Amelia

     Hi Eric! No, we think you misunderstand the 7 minute rule.

     For one thing, there is no law that every employer must use the 7 minute rule — only that an employer can use the 7 minute rule if they choose. An employer can also round time worked to the nearest 10th of an hour, or simply pay employees for every minute they work.

     Also, the 7 minute rule applies to how employees are paid — it does not apply to when an employee must report to work, or leave work. Example: Some hotels require that a Front Desk employee clock in before 7 am for a 7-3 shift. If the employee clocks in at 7:05, and the hotel is using the 7-minute rule, the employee will be paid for the full 8 hours. However, the employee can still be disciplined or terminated for clocking in after 7 am. The two are entirely seperate.

     Some employers do allow an employee to be 7 minutes late, or 15 minutes late, or 30 minutes late, but there is no law that the employer must do so.

     In your example, an employee who clocks out at 2:46 must be paid until 3 pm, but can be terminated for leaving work before the end of his shift. Question 2 is irrelevant, because you are not right.

     Federal courts have consistently ruled that simply carrying a radio or cell phone while on a meal break does not constitute working. If you are called and must leave your lunch and return to work within 20 minutes, then you must be paid for the entire break. But if you are not forced to return to work before your meal period is over, carrying the radio is not working. HTH, and thanks for reading the blogs!~ Amelia

101. Posted by: Lisa

     Hi..Just a couple of ?’s. If a mandatory staff meeting is after work hours should we getting paid for it? Also we have events through the year that we are “required” to attend and help with (X-Mas program, Graduation etc.) also after work hours. I work at a daycare and make min. wage. Can these things really be mandatory if we are working and not getting paid?

102. Posted by: Amelia

     Hi Lisa! No, this is not right. Any mandatory meeting must be paid, under both Michigan and federal law. Any time you are required to work at a holiday party, graduation, etc. that time must be paid. Discuss this tactfully with your employer and if you are still not paid, file a wage complaint with the Michigan Department of Energy, Labor and Economic Development. HTH, and thanks for reading the blogs!~ Amelia

103. Posted by: Diane

     I was working for a company in Michigan I earned a $8,200 bonus based on my numbers. To keep me from getting my bonus my DM gave me a bad review, I won an award at the managers conferance and came home the next day and recieved a bad review, how does that work. The review policy states that the review is 65% based on business plan objectives and 35% other objectives, well the policy also states that the business plan objectives were to be delivered during the first fiscal quarter. The business plan objectives I was given during the first quarter I exceeded so if the business plan objectives are worth 65% of the review and I exceeded the then how did I not get at least a meets on my review, I only needed a 42 to qualify for the bonus. so she did not follow policy in writing my review and on top of that the area she used to pull my review down was merchading responsabilities and the merchandising manager still recieved hers, again how does that work? she had someone fired last year on bonus day too and said she was in no way getting her bonus. The real reason she did not want to give me my bonus was she found out I was going to use the open door policy on her in which I did and that I was going to call OSHA on the store because the store had a health issue and hid it for three years and it was affecting my health. I am now terminated from that company Do I have rights to that bonus because she did not follow the written policy. I know they are nervous because they have called me after my termination saying they were going to try to get it for me but they could not because of the review I think they are afraid that could open a wrongfull termination

104. Posted by: Amelia

     Hi Diane! Under federal law, it is illegal for an employer to retaliate against an employee who files a complaint with OSHA. Contact the EEOC to file a complaint at http://www.eeoc.gov. You may also plead your case with the company’s HR department or your supervisor’s boss. If that fails, yes, see a lawyer about a wrongful termination suit. HTH, and thanks for reading the blogs!~ Amelia

105. Posted by: Diane

     Here is the problem with that , I never actually made the call because I went off work sick from the mold causing exacerbation of my asthma for 2 weeks. I had discussed it with a peer that I trusted and he told my DM that I said I was going to call OSHA and use the open door policy to make a complaint against her and I did go through with calling HR on her. My DM did confront me on calling HR on her and told me she could not belive I would say such things about her. One week later I was terminated.

     My question is if she did not follow the policy for writing my review and wrote my review to keep me from getting my $8000 instead of by policy guidelines do I have any recoarse to get my $8000 bonus? Besides the fact that she did not follow policy guidelines my 2 assistants recieved their bonuses and we are all in the same store graded on the same things. As a matter of fact the area she used to pull my number down was merchadising responsabilites yet my merchadise manager recieved hers. She had a employee terminated last year on the day her bonus was due too. She said she was not delivering the bonuses until she was terminated Thank you for your advice

     Diane

106. Posted by: Amelia

     Hi Diane! No, you probably do not have any recourse to get your bonus, unless you sue the company. Bonus payment is a matter of company policy. The employer can change the policy at any time, without your permission. In this case, it is not even clear that the employer has changed company policy. The bonus payment depends upon you getting a positive review, and you did not get a positive review from your supervisor. If the company is not holding the supervisor to their policy, there is no state or federal agency that will do so.

     Many times company policy on reviews is just a general guideline, not a strict mandate. Apparently the employer is comfortable with the basis of the review your supervisor gave you. Again, this is a matter of company policy so unless your supervisor’s boss or HR reverses her decision, you are stuck with it.

     That is why we are suggesting that you pursue other options. If you were fired for pointing out unsafe working conditions, or a violation of the law to the employer, that is illegal retaliation and should be reported to the EEOC. Othewise, you could file a wrongful termination suit. It is possible that if you took either of these two actions, or mentioned that you were considering these two actions, the employer would pay your $8,200 bonus just to get rid of you. That is the only way we see that you are going to get a bonus in this situation.

     Many people make the mistake of trusting a coworker, but just for future reference, you should assume that everything you say will be repeated to your supervisor. It is far worse for a current employee to threaten to call OSHA or the EEOC than to actually do it. The employee has fewer protections. Almost any supervisor is going to resent an employee who makes threats, and find a reason to terminate them. HTH, and thanks for reading the blogs!~ Amelia

107. Posted by: Diane

     Thank you very much, I will try these other options and hopefully that will work and I learned my lesson the hard way, I will keep my mouth shut and just do what I need to do. And you may be right because I know that they were nervous or they would not have called me after they terminated me telling me that they were trying to get me the bonus and offering to give me a reference. once you terminate someone there shold bo no contact

     Thank you again Diane

108. Posted by: Diane

     Amelia
     By the way shoul I write a letter letting them know I am going to persue wrongful termination or shoud I have a Lawyer write a letter
     Thank you, Diane

109. Posted by: Amelia

     Hi Diane! It would be far better to see a lawyer, if you have the money to pay one. HTH, and thanks for reading the blogs!~ Amelia

110. Posted by: Amelia

     Hi again Diane! We agree with you that they are nervous. There is no law that prohibits contact with an ex-employee, but some employers have that policy. ~ Amelia

111. Posted by: Diane

     Amelia

     Thank you for the advice, I feel like it would not take much to get them to pay me the bonus that I earned. Its a matter of knowing how to go about it because I know they realized they made a bad move but they are just hoping I will get another job and go away and forget about it. Well I am not, I will see if I can get a lawyer to write the note and if it takes more then a note then I will continue to persue it when I get back to work because wrong is wrong and they should not get away with it. By the way how do you feel about filing a complaint to the michigan dept of labor or is a lawyer still my best bet. The Lawyer will probably get resuts faster I think?

112. Posted by: Amelia

     Hi Diane! We agree that it would not take a lot to get them to pay this bonus to you. It may very well be that simply filing a complaint of retaliation with the EEOC, or saying that you see this as retaliation and intend to file a complaint with the EEOC if it is not corrected, would do it.
     The problem is that the company has not really violated any of the laws enforced by the Michigan Department of Energy, Labor and Economic Growth. They paid your wages. They paid your bonus, in accordance with the written bonus plan (which says that if you get a negative review, you are not entitled to the bonus.) What complaint would you file with DLEG? “My former employer is being mean to me” is not really going to work. HTH, and thanks for reading the blogs!~ Amelia

113. Posted by: Diane

     Amelia

     Again I will take that advice and use it. You are right they are mean will not get me any where. My original thought process was I was going to say they intentionaly gave me a bad review and fired me to avoid paying me the bonus because I have a great work record and even there I had great numbers-solid proof of my performance, besides the fact she did the exact same thing to my assistant last year and I had read that employers could not legaly do things to keep someone from getting the bonus if they earned it and I was going to put that I felt it was retaliation. But I will go the route you sugested you are the expert and again I do really appreciate your advice. I will some how get them to pay me no matter what it cost me. It is the point of the matter. I will get another job and if it is not resolved Thank you again I am really glad I found this site. I am learning alot I have gone through and read other post for other issues. It will help me as an employee and a manager in running my business

     Diane

114. Posted by: Amelia

     You are very welcome Diane!~ Amelia

115. Posted by: Diane

     Hi Amelia

     I went to the EEOC web site and everything I see there is discrimination based including the retaliation had to be discrimination based. How can I apply this to my situation or do they cover othet retaliation causes ?

     I was on call for Federal Jury duty when I was terminated although I did not acually have to serve.
     I had just come back froma 2 week medical leave 2 weeks before I was terminated and was still sick from the black mold that was found in my store the the guy that came to fix it said had been in the store for 3 years and they told him 3 years ago they were remodeling and they did not ,they hid it behind wallpaper and confided in a peer that I was going to call OSHA and I know he told my DM
     And I used the open door policy against her.
     In my last 6 weeks I was actually only in the store 3 weeks (1 week I was at managers conference and 2 weeks sick) But in that short time I recieved a corrective action, a poor review and terminated. I do know she retaliated. Are any of these reasons for EEOC

     Thanks Diane

116. Posted by: Amelia

     Hi Diane! When an employee points out a worker safety violation like black mold to OSHA or to the employer, and the employer takes action against the employee, that is illegal retaliation. (All of the other issues you list are irrelevant.) Contact the EEOC to file a complaint about illegal retaliation first. If they cannot help you, they will direct you to the agency that can. If that doesn’t work, contact OSHA at http://www.osha.gov. HTH, and thanks for reading the blogs!~ Amelia

117. Posted by: Sherry

     My coworker recently had her $700.00 camera stolen from work. We work in a business where having a camera is not required, but extremely useful in working with clients. She can’t get home owners to pay for it because of a high deductible. Our work does not offer us any locked cabinets and our offices are situated in a large retail showroom. The managers refuse to help her with her stolen property. Should she file a police report? Is there anything she can do?

118. Posted by: Amelia

     Hi Sherry! Yes, your coworker should file a police report. She would have needed one anyway, to collect on her insurance. The employer is not required to reimburse this employee when her personal property is stolen. The best practice would be for the employer to launch their own investigation to determine what happened. Obviously, theft from employees results in poor employee morale. Since the employer has decided not to do this, our suggestion would be that any employee who brings an expensive camera to work keep it in her handbag and take it home with her at the end of the day. Another option would be to bring only an inexpensive camera to work. HTH, and thanks for reading the blogs!~ Amelia

119. Posted by: Carmen

     Well at [employer name deleted], on Division dr, that motel needs 2 be inspected, no brake lunch, the head housekeeper don’t take care of us, its not running good, she has this ugly attitude towards us, we can’t go 2 get more linen 2 the laundry because she gets kind of mad, she hires illegal persons that way she does wherever she wants with them, also she’s not equal with the employees, just because she lives there with her family and boyfriend, she’s takes advenges of us with no lunch. but she goes eat to her house or she munching all the time whenever she’s hungry, its very drepresssing that job, u need to go investigate in the back-laundry room
     ‘e

120. Posted by: Amelia

     Hi Carmen! These are miserable working conditions. Most executive housekeepers treat their staff well. Unfortunately, there is no Michigan law that requires employees to be given a meal break. You can file a complaint about the hiring of undocumented workers with the USICS, but usually they are not interested unless there is another crime involved. They simply do not have the funding to investigate every complaint. You can voice your complaints to the hotel General Manager, or to the head office of the chain. Or, you can look for a job at a different hotel. HTH, and thanks for reading the blogs!~ Amelia

121. Posted by: josh galindo

     hello i work at [employer name delected], a nation-wide franchised gas station/convenience store and the only people who get breaks are the people who smoke now its not a break break its just them taking their time out side smoking but doing work, now I understand michigan has no law but federal law states otherwise, I feel its unfair not having a break and also I am working 40 hrs a week and not considered full time this seems wrong too any answers would be appreciated…

122. Posted by: Amelia

     Hi josh! This is an issue that many nonsmokers face. There is no law that an employer must allow smokers to take breaks away from their workstations to smoke, but many employers do. It is not fair to give breaks to smokers and not to non-smokers, but it is legal. Studies show that the average smoker loses 10 days or more of work time each year, on smoke breaks. The only thing you can really do is point out to your boss that your coworkers are not being as productive as you are. (If they are smoking while working outside, again, you might just point out that they are not being very productive. Or, you could also dawdle when it is your turn to work outside.)

     Unfortunately, neither Michigan nor federal law requires short rest breaks for employees. (OSHA does require that you be permitted to use the toilet when nature calls.) The federal FLSA merely states that if the employer chooses to give rest breaks shorter than 20 minutes to employees, those breaks must be paid. However, it does not require that the employer give such breaks.

     If you work more than 40 hours in a payroll week, you are entitled to overtime under federal law. There is no law regarding who is part-time and who is full-time — that is up to each individual employer. If employees of another sex, race, religion, color, national ancestry, etc. are being given benefits while working 40 hours per week, then that may be illegal discrimination. If so, you would file a complaint with the EEOC at http://www.eeoc.gov. HTH, and thanks for reading the blogs!~ Amelia

123. Posted by: Joel

     In Michigan my mom works for a place where it is really hot in a shop well over 100 she works 10hr shift with unpaid 30min lunch break. she works around heat lamps that drys Lock tight on parts. What i want to know is there a law for heat breaks under these conditions.if so plz post a link so i can show her Thx

124. Posted by: Amelia

     Hi Joel! MIOSHA worker safety standards require that employers provide safe working conditions for employees. While there is no temperature limit for the workplace, the employer is expected to take precautions to prevent heat stress and heat stroke. Our recommendation is that you contact MIOSHA at http://www.michigan.gov/dleg/0,1607,7-154-11407—,00.html and complain that the working conditions are unsafe. They will inspect, and make recommendations to the employer on how to improve worker safety. HTH, and thanks for reading the blogs!~ Amelia

     Read more about heat stress at: http://www.osha.gov/SLTC/heatstress/

125. Posted by: jeanay bailey

     i resently was hired full time(40 hrs) per week. I was told that a one half hour would be subtracted from my pay for 1/2 hour of linch time. Thsi time has been subtracted from my pay each week. Yet, I’m required to stay in the office, answer phones, greet customers, and do other work related items. In other words, I’m required to work and still lose that 1/2 hour each day (5 days per week.) Is this legal, and what do I do about it, if it’s not? My understanding is that this practice has been going on for some time with other employees.

126. Posted by: Amelia

     Hi jeanay bailey! No, this is not legal. Both the Michigan and federal minimum wage laws require that employees be paid for all time worked. The meal break can be unpaid if the employee is relieved of all duties. This is true, even if the employee is not allowed to leave the premises.

     If you are eating while you are answering the phone, greeting customers and doing other work, then you must be paid for this time. You should tactfully raise this issue once with your supervisor. Simply tell him or her that you think you should be paid for your meal break, since you are working during it. (If that works, request back pay for all the other breaks you worked through.)

     If the employer does not comply with your request, you should file a wage complaint with the Michigan Department of Energy, Labor and Economic Growth at http://www.michigan.gov/dleg/0,1607,7-154-27673-107123–,00.html . Also mention that apparently this is a company-wide policy. You are owed a half-hour of pay for every day that you have worked. It is illegal for the employer to retaliate against an employee who files a wage complaint in good faith. HTH, and thanks for reading the blogs!~ Amelia

     P.S. There is also a little-known Michigan law that prevents people from using all caps to post online. Just kidding!

127. Posted by: Mary

     are businesses, such as fast food industry required to have chairs in the break rooms? I learned of a fast food restaurant where the general manager requires that ALL staff STAND the entire time, no 15, or 20 min. breaks are given, where there is a break room, no chairs so staff must LEAVE the building and sit in cars for break or sit in the dining area with customers. is there any law that requires a change of behavior? Or is this legal?

128. Posted by: Amelia

     Hi Mary! Yes, this is entirely legal in Michigan. There is no Michigan law that requires meal or rest breaks for employees over 18, and no Michigan law that requires a break room at all. In fact, there are only a handful of states that require the employer to provide chairs for workers.

     Most fast food employees take meal breaks in the dining area with customers. Since breaks are given when the restaurant is less busy, it’s usually not a problem.

     Even though this is legal, the restaurant General Manager sounds like a jerk. Most major fast food chains treat employees well, and give rest breaks in addition to meal breaks. HTH, and thanks for reading the blogs!~ Amelia

129. Posted by: Judy

     If you work a grocery store and are scheduled say from 10am till 4pm. Is the store allowed to make you stay till they say you can leave? Do your scheduled hours mean nothing?
     Would really like to know if this is legal, because where I work you cannot leave your station till they call you on intercom and say, then you have to completely wash down your whole station. This means, you can be held there sometimes 45 min. or longer.
     Is this legal?

130. Posted by: Amelia

     Hi Judy! Unfortunately, yes, this is legal. The employer could even schedule you from 10 am until 4 pm and then inform you at 4:01 pm that you have to work another 12 hours, until 4 am. We agree that this is not entirely fair and the employer should do a better job of communicating expectations to employees. However, sometimes that is not possible. Now that you know this is how the employer schedules, you should assume that you may be at work until 5 pm when scheduled to leave at 4 pm. HTH, and thanks for reading the blogs!~ Amelia

131. Posted by: Cait

     Can an employer tell you you cant go to lunch/break at a certain time?

     for example, i work in retail where our lunches/breaks are whenever we want them, but we have to take lunch before 6hrs.. and 2 breaks a day..

     However, we have to cover for other areas as well during their breaks!

     We have to stop in the middle of our scheduled breaks/etc. for our 1 hour of “cleaning up” time.. and it throws everything off, and we often dont get our breaks unless we take them after we’ve been there for 1 or 2 hours only… or wait until 5 hours, then we HAVE to take them, or else we get in trouble if we go over 6 hours!!!

     We get in trouble if we dont take our breaks as well… But they have no record or proof that we did/didnt take them, so we can get by without them and work through it cuz theres so many customers and other places to cover for, theres no time at all!

     Can they restrict us like that for an hour?

132. Posted by: Amelia

     Hi Cait! It sounds like the employer is handling this badly, but yes it is legal. The employer can schedule your breaks at their convenience. They can require that you take a break within the first 6 hours, but also require that you be available at certain times to cover another department. This is a legitimate and very common request in the retail industry.

     To avoid these problems, most employers schedule breaks for retail employees, so the employee does not have any choice when he or she will go on break.

     If your breaks are unpaid, and the break is interrupted, you may be entitled to payment for the entire break. Under federal law, employees must be paid for a meal or rest break shorter than 20 minutes. Suppose you are supposed to go on meal break from 1:00 pm to 1:30 pm. However, at 1:15 pm you are called back to work for 10 minutes and then allowed to finish your break between 1:35 pm and 1:50 pm. Because you took two breaks shorter than 20 minutes, you must be paid for both of them. HTH, and thanks for reading the blogs!~ Amelia

133. Posted by: erika

     Hello,
     I am over 18, but a few of my co-works are not. We will work from 5 till 11 sometimes and the a person that works who is under 18 doesn’t get a break. Is that illegal.

134. Posted by: Amelia

     Hi erika! Yes, that is illegal. It is a violation of the Michigan Child Labor laws, which require that an employee who is 15-17 years old receive a 30-minute meal break on any shift of 5 hours or more. The meal break can be unpaid. You or your coworker should tactfully raise this issue with your employer (who may have forgotten that one employee is under 18). If the problem is not solved, file a complaint with the Michigan Department of Energy, Labor and Employment. HTH, and thanks for reading the blogs!~ Amelia

135. Posted by: Steven

     What happens when a minor works 5 hours without a break of any sort in michigan?

136. Posted by: Amelia

     Hi Steven! Nothing happens when a Michigan worker under 18 works 5 hours without any break at all. Under Michigan law, even a minor under the age of 16 can legally work 5 hours without a meal or rest break. If the shift is longer than 5 hours (like 5 hours and 5 minutes) the minor must be given a 30-minute meal break, and this meal break must be documented. The meal break can be unpaid.
     An employer who violates the Michigan child labor laws can be sent to prison on a misdemeanor for 1 year, and required to pay a $500 fine. Violations should be reported to the Michigan Department of Energy, Labor and Economic Growth at http://www.michigan.gov/dleg. HTH, and thanks for reading the blogs!~ Amelia
     Read more about this at: http://www.michigan.gov/documents/Work_Permit_FACT_SHEET_July_2006_169123_7.pdf

137. Posted by: Joe

     I work as a security guard. I work a 12 hr shift. At my job we get paid breaks but they never give us a break. Sometimes we are at locations that don’t have restrooms. So we piss/defecate where we can! They told us at orientation that if we work 12 hrs shifts we would get 3 30 mins breaks. They stay understaffed so there no one to cover our spot for 30 mins. Do I have a case here? Can I stay anonymous?

138. Posted by: Amelia

     Hi Joe! There is actually no Michigan or federal law that requires an employer to give meal breaks to security guards. Since the employer is paying you for all the time you work, this is legal.
     Even though the employer promised you breaks when you were hired, there is no law that would prevent the employer from changing that policy. We agree that you need to eat on a 12-hour shift. Your best bet is to bring a lunch from home and eat while on duty, if possible.
     However, OSHA worker safety standards require the employer to provide toilets for employees, and require that employees be allowed short breaks to use the toilet. You can definitely file a worker safety complaint with OSHA at http://www.osha.gov. They will inspect and if the employer is not supplying toilets, make them install porta-potties for employees to use. (You should do this — you could actually be arrested for public indecency for urinating or defecating outdoors at work.)
     OSHA will accept an anonymous worker safety complaint, but you actually have more protection if you give them your name. Under federal law, an employer cannot retaliate against an employee for filing a complaint of unsafe or unlawful actions. This is true, even if the complaint turns out not to have been well-founded. HTH, and thanks for reading the blogs!~ Amelia

139. Posted by: Derek

     Hi, I’m curious if an employer can limit your schedule based off of smoking. A local employer refuses to schedule two smokers on the same days, so hours are drastically cut. Is this legal in Michigan? If not, where can I find documentation saying it isn’t?

140. Posted by: Amelia

     Hi Derek! This is entirely legal in Michigan. The state prohibits employment discrimination based on religion, race, color, national origin, sex, disability, age, marital status, height, weight, arrest record and genetic information. It is legal for a Michigan employer to discriminate based on other factors, including smoking. In fact, a Michigan employer could refuse to hire smokers at all, and it would still be legal.

     A few states including Wisconsin prohibit employment discrimination based on use of any lawful product. This law covers smokers and protects them from job discrimination — but only in Wisconsin.

     We are going to guess that the employer has had a problem in the past with both employees going on smoke breaks at the same time. The best tactic might be to agree with the employer that this will never happen, if he chooses to schedule two smokers together. Also be aware that there is no Michigan law that the employer must give smoke breaks to workers. HTH, and thanks for reading the blogs!~Amelia

141. Posted by: Brown

     I just work for Wal**** the Human Resources Rep asked me to sign TWO different I9′s on two different days and dated them the same day. should I be concerned? she took my ID (photo and SScard) into her office with other managers and sat them on her desk for processing. is that proper format for I9′s? she did not witness us signing the I9 and could not tell if we were who we said we were as she didnt verify photo with person. just collected them. should I worry?

142. Posted by: Amelia

     Hi Brown! It sounds like this HR person borders on incompetent, but as one of our first bosses told us, “If you can only do your job when everyone else does their job perfectly, you can’t do your job.” We don’t see why having a sloppy HR person should be a deal-breaker for an hourly employee, especially one who needs a job.

     The HR person may have lost the first I-9 form, or simply forgotten that she already had one. We don’t see anything wrong with the HR person putting the photo I.D. and social security card on her desk until she can make a copy. If you are that paranoid about identity theft, you should get a passport and be using it instead of the social security card for I.D where possible.

     If this company truly has such poor I-9 procedures, it is only a matter of time until they are fined for employing illegal aliens. However, if they are a major discount chain and a multi-billion dollar business, only the stockholders will be affected — not the employees. You might want to google the compay name and “EEOC” or “US DOL” to see what major judgments the company has against them.

     But we would turn the question around. Instead of asking, “Should I be concerned?” we would ask you, “What are you so afraid of?” Apparently you need a job, and they have offered you one with one of the few companies thriving in this very tough economy. So we see little for you to be concerned about. HTH, and thanks for reading the blogs!~Amelia

143. Posted by: Johnny

     Hi everyone. I have been looking for some information or help on something I believe to be unfair and was looking for some answers. My wife was recently fired from her job as an office manager. Her boss told her she could no longer work through her breaks and get paid for them. She had two 15 minute paid breaks a day she would work through and a half hour unpaid lunch. When told she would no longer be paid for her breaks he informed her she must still work through them even though she would not be paid. She told him that was not fair and would not do it and was immediately fired. Can he do that? Thank you for the help.

144. Posted by: Amelia

     Hi Johnny! There are three separate issues here, working through breaks, not being paid when working through a meal break, and insubordination. Let’s look at them one at a time.

     As noted in the article above, there is no Michigan law that requires the employer to give meal or rest breaks to workers over 18. However, under the federal FLSA, any rest break shorter than 20 minutes must be paid. So in this case, the employer is generously giving the worker two paid 15-minute breaks each day. The employee is entitled to payment for those breaks. But even if the employee chooses to work through the breaks (for unknown reasons) the employee is already being paid for them, so is not entitled to any additional pay. So working through the rest breaks is a non-issue.

     Many employers require that workers take an unpaid 30-minute lunch break. An employer can discipline or terminate an employee who refuses to do so. As long as the employee is relieved of work duties during the 30 minutes, she need not be paid for the meal break. Some employees would prefer to work through lunch and leave work 30 minutes early, but the two issues are unrelated. An employer does not have to permit an employee who works through lunch to leave early.

     If an employee works through the meal break, he or she must be paid for that time. Again, the employee can be disciplined or terminated for not taking the required 30 minute lunch break, but must be paid for all time worked under both federal and Michigan minimum wage laws. Suppose Juanita is scheduled to work from 8 am to 4:30 pm with an unpaid 30 minute lunch break, a shift of 8 hours. If she skips her lunch break one day, she can be disciplined or terminated, but still must be paid for 8.5 hours for that day.

     If the employer genuinely demanded that your wife work through her lunch break without pay, that would be illegal. Rather than refuse, your wife could have done so, then filed a wage complaint with the Michigan Department of Energy, Labor and Economic Growth. Employees are protected from retaliation when they file a wage complaint in good faith.

     Most of the time when an employee refuses to comply with a reasonable request by the employer, that is insubordination and the employee can be fired. However, that does not apply when the employee is being asked to do something illegal. Without knowing more about the situation, it is hard to understand why a supervisor would make such a demand. Is it possible that he made an idle threat along the lines of “You need to take an unpaid meal break every day. If you work through lunch anymore, I’m not paying you for it!” ?

     However, when an employee quits rather than do something illegal, she usually qualifies for unemployment. It is even possible that your wife could hire a lawyer and sue the employer for wrongful termination. This is a complex issue, so feel free to post additional questions. HTH, and thanks for reading the blogs!~ Amelia

145. Posted by: Johnny

     Amelia,

     Thank you for your fast response. My wife would work through her breaks to make sure her work was done each day and that it was done correctly. She is a hard worker and does her best. Her boss owns a franchise of fire and flood restoration services is lower Michigan. He is facing financial problems like most small business owners today. He was looking for ways to cut costs and decided that she must take her 15 minute breaks each day. She had no problem doing so. Than he told her she would not be paid for them but must still answer phones and file paperwork and perform regular work duties. And the same went for her half hour unpaid lunches. She was required to still perform any work duties that came up during that time. I understand the laws of not being required to give those breaks and lunches due to her being over the age of a minor. But he does give them and required she work through it with no pay. We did not know about filing a wage complaint though. But a bit late now. She told her boss its unfair and if she was to be forced to work through the breaks and lunch he authorized that she be paid. He said if you will not do it, I do not want you here so clock out and don’t come back.

146. Posted by: Amelia

     Hi Johnny! Thanks for the clarification. Yes, those were both illegal. Any break shorter than 20 minutes must be paid, and any meal break that the employee works through must be paid, under the federal FLSA, the Fair Labor Standards Act. This boss sounds like a real piece of work. It’s probably best that your wife is no longer working for him, anyway. HTH, and thanks for reading the blogs!~ Amelia

147. Posted by: Sherry

     I am in a full-commission based job and am thinking of finding something new. I have over $100,000.00 in back-order that I do not get paid on until the product is delivered. This could take 3 or more months to deliver. If I leave this company do they have to still pay me for my back-order that is delivered after I leave?

148. Posted by: Amelia

     Hi Sherry! The company must still pay you commissions after you leave in accordance with any written agreement or compensation plan you have. However, you may have to hire an attorney to force them to pay. Michigan offers more protection for commissioned employees than most states. If you must sue, the employer can be required to pay you twice the commission owed plus pay your attorney’s fees.

     Before you quit, carefully check your written commission agreement or compensation agreement. Some agreements specifically state that no commission payments will be made after the employee’s last day at work. HTH, and thanks for reading the blogs!~ Amelia

149. Posted by: Sherry

     Hello! I just received your comment back and thank you for your quick response! What do I do when there is no written agreement at work?

150. Posted by: Amelia

     Hi Sherry! In that case, you may need to consult an attorney before making a job switch, to see if you are legally entitled to commission on sales that are delivered after you leave the company. One of the problems is that without a subpoena, it is hard for you to prove that the backorders were even delivered and paid for.

     The other two options are to wait until the backorders are delivered and commissions paid before quitting, or to be willing to walk away from the commissions. HTH, and thanks for reading the blogs!~ Amelia

151. Posted by: Mr.

     My employer gives us (2) paid 15 minute breaks and (1) unpaid 45 minute lunch break for an 8 hour shift. The thought is that they want to keep us in the field as long as possible without incurring overtime hours.
     1) Are there any laws that states that we have to take an unpaid lunch break at all?
     2) What specific law addresses this?
     3) Can I decline to take a lunch break altogether?

152. Posted by: Amelia

     Hi Mr.! Michigan has no law that requires an employer to give rest or meal breaks to employees. However, the law does permit the employer to establish a policy that employees must take such breaks. To be honest, your employer’s policy seems reasonable and even generous. We hear from people every week who are complaining because they are forced to work 8 hours or more without any meal or rest breaks.

     To address your questions:
     1) There is no state or federal law that a Michigan employer must grant meal or rest breaks. However, the employer has the right to establish company policies, and to require that employees follow them.

     2) The federal Fair Labor Standards Act or FLSA does not require that employers give rest breaks or meal breaks to workers in general industry. However, if the employer chooses to grant such breaks, the FLSA requires that employees be paid for breaks that are shorter than 20 minutes. The employer is abiding by that law, by paying you for two 15-minute rest breaks.

     Generally speaking, the U.S. Department of Labor allows an employer to give an unpaid meal break that is between 20 minutes and 60 minutes long. An unpaid meal break longer than 60 minutes is generally considered waiting time, and the employee may be entitled to payment for it. An employee cannot be required to work during an unpaid meal break.

     3) Yes, you have the right to decline to take a meal break. This is a free country and no one is going to tie you down and force you to take a meal break. However, the employer also has the right to fire you for not following the company policy regarding meal or rest breaks.

     This is a complex issue, so feel free to post any additional questions you may have. HTH, and thanks for reading the blogs!~ Amelia

153. Posted by: Scott

     Good Afternoon,

     I need clarification on MIchigan law in regard to paid travel time to and from work sites. My employer has just announced that travel time to and from jobs will no longer be paid. This would only apply to quoted jobs and not jobs being billed at an hourly rate.

     Rumors abound on legality, some say it is not legal, some say that if we are paid minimum wage for travel time it is legal. Some say we should be paid to the job and not return time. Very confusing.

     Circumstances do require reporting to the office before going to the job site. Material pick up or meet with other employees to ride share etc. With some jobs being 1 hour or more from our shop, it’s hard to swallow not being paid for 2 hrs each day worked.

     The idea is getting 8 hours of work from each employee ON THE JOB. So if we leave at 8, get there at 10, work til 6, 2 hrs home, that’s a 12 hr day for 8 hrs pay. Doesn’t seem legal or fair.

     Thanks for your time and advice.

154. Posted by: Amelia

     Hi Scott! First of all, this is covered under federal law, not Michigan law. The regulations regarding travel time are complex under the federal FLSA or Fair Labor Standards Act. Basically, an employee who travels from his home to the work site is not entitled to payment for that time. However, when an employee is required to travel to the office and then to a work site, the time spent traveling from the office to the work site is paid work time. (Time spent traveling from one work site to another would also be paid work time.) If the employee must meet with others for instructions at the office, load or unload supplies, pick up a company truck, or receive assignments, etc. then the employee must be paid for the travel from the office to the work site.

     There is an exception to this rule if the employees are not required to meet at the office, and are doing so for their own convenience only, to share rides to the worksite. Then, the employees are not entitled to payment for travel from the office to the work site. However, it sounds like that exception does not apply in your case.

     This travel time can be paid at the minimum wage. However, when travel and work added together are more than 40 hours, the employee is entitled to overtime at 1.5 times his average hourly rate for the week. If the employee averages $22 per hour over the week, he must be paid $33 per hour for overtime, even if that time is spent in travel and travel is normally paid at minimum wage.

     The same rules apply for travel home. If the employee leaves the work site and drives directly to his home, usually he is not entitled to payment for that time. This is considered his daily commute. However, if the employee must go to the office to drop off supplies or a truck, unload, or complete paperwork, etc. then he is entitled to payment for the trip from the work site to the office.

     In some cases when the work site is outside an area’s normal commuting range, an employee on a short-term assignment is entitled to payment for travel even if he goes directly to the work site. This may be the case for your assignments with a job that is 1 hour from the shop.

     Explore the links below for resources regarding travel time from the U.S. Department of Labor. If you believe you are entitled to payment for travel time, tactfully request it from the employer. If the employer refuses, file a wage complaint with the U.S. Department of Labor at http://www.dol.gov. They will investigate and if they find you are owed wages, will force the employer to pay. It is illegal for an employer to retaliate against an employee who files a wage complaint in good faith, even if it turns out that the employee is not owed any wages. HTH, and thanks for reading the blogs!~ Amelia

     Read more about this at:
     http://blog.laborlawtalk.com/2009/06/26/michigan-travel-time-and-flsa/
     http://www.dol.gov/compliance/topics/wages-other-travel.htm
     http://www.dol.gov/elaws/esa/flsa/hoursworked/screenER49.asp

155. Posted by: Melissa

     Hi, I understand that there are no laws in MI requiring breaks. 1) I work in a retail store, for an 8 hour shift alone. Is there anything covering safety issues or even a trip to the bathroom….if i step off of the floor to use the bathroom my store is completely unattended.
     2) Also, I am pregnant and provided my boss with a note from my doctor saying that I need to take a break every 4 hours. I understand that I would be unpaid if I clocked out, but she refuses to let me schedule a second person so that I can even take this unpaid/medically required break. What can I do?

     3) Also, I am a salaried employee and when we work over 40 hours we receive 1/2 time? Is this legal?
     Thanks for the help, my job is ridiculous.

156. Posted by: Amelia

     Hi Melissa! There are several issues in your question, so we numbered them for easy reference.

     1) You are correct that there is no federal or Michigan law that requires an employer to give meal breaks or rest breaks to workers. OSHA worker safety standards require that employees be permitted to use the toilet when nature calls. That does not include smoking, making cell phone calls or other activities that could take place in a bathroom — it includes using the toilet only. How the store handles security while the only employee is using the toilet is a matter of company policy. Most stores leave the door unlocked and take their chances.

     2) Pregnancy is not a permanent disability, therefore it is not covered under ADA. The employer is not required to make any accommodations for a pregnant worker. Bascially, you are expected to perform the same job, just as you did before you were pregnant.

     It is unreasonable for you to expect the employer to pay a second employee to be present while you are working to give you breaks. Why would they go to the bother and expense? Why not just schedule the second person alone and take you off the schedule permanently? Even when an employee has a permanent disability under ADA, scheduling a second worker is not required because it is an undue hardship for the employer.

     Your doctor does not have the authority to modify your job duties, any more than your boss determines your medical treatment. When you give the employer a doctor’s note, you are informing them of your physical limitations. In a sense, you informed your boss that you can no longer physically do your job, which involves working a retail store alone. When you gave your boss this note, many employers would have simply taken you off the schedule until you were physically able to perform all the duties of your job. This would have been entirely legal.

     There is really not a lot that you can do about this situation. You can continue working and eat a snack on duty when business allows, or you can quit your job because you are not physically able to do it. In that case, you will not qualify for unemployment benefits. The other option is for you to find a way to do your job, even though you are pregnant.

     3) You are a non-exempt salaried employee and this is probably lawful. Basically, your salary covers all the regular hours you work each week, so the employer only has to pay you the overtime premium. You can certainly file a wage complaint with the U.S. Department of Labor at http://www.dol.gov for unpaid overtime. They will investigate and if you are owed wages, force the employer to pay them. It is illegal for the employer to retaliate against an employee who files a wage complaint in good faith. HTH, and thanks for reading the blogs!~ Amelia

157. Posted by: Jennifer

     I worked at a building where I worked 8 and a half hours a day and was told by my supervisor that I would get payed for that extra half hour everyday since I would not be able to be free of duties. It ended up that it would be 2 and a half hours of over time every week. I never got paid for it and when I complained they said it would be on the next check and when it wasn’t it would be on the next check, so on and so forth for months. then one day my new supervisor claimed that they coudn’t do that and that I would not be reimbursed for my time and made a sly threat that they wouldn’t fire me if I persued this they would just transfer me to a farther away site I would hate and also let me know how replaceable all of us were.

     Now about a year later they are reimbursing only the males that worked in that building and also claimed that they don’t have to pay because the security field is exempt from the laws.

     He also tried to tell me that when working 2nd shift they don’t have to pay me for that extra half hour because there is nothing going on but I still would not be permitted to leave and would have to answer the phones or respond to any alarms that went off for that half hour time period.

     My question would be is any field exempt from the laws and would I be right in pursuing things further.

158. Posted by: Amelia

     Hi Jennifer! Yes, you should pursue this. While some occupations are exempt from the overtime laws (executives, doctors) they usually apply to security guards. There are some exceptions to the laws for police officers and prison guards, but the overtime law still applies to them.

     There is no requirement under federal or Michigan law that an employee be allowed to leave the premises on his or her meal break. An employee who is relieved of duties but remains on the premises can be on an unpaid meal break. However, if you were still required to remain at your work station and monitor video cameras, phones or alarms while eating, that is work time that should be paid.

     Both Michigan and federal law require that an employee who works more than 40 hours per week be paid overtime. You should contact the Michigan Department of Energy, Labor and Economic Growth at http://www.michigan.gov/dleg and file a wage complaint. They will investigate and if they find you are owed back pay, force the employer to pay. You should do this soon, because they can only investigate back two years, and it may take them several months to investigate.

     It is also illegal for them to pay overtime to male employees but not to female employees. This is illegal discrimination based on sex. You should file a discrimination complaint with the federal EEOC at http://www.eeoc.gov. Again, they will investigate and if they find there is evidence of discrimination, they will file a lawsuit against the employer. All of this at both agencies is free — you don’t even have to pay a lawyer.

     One of the reasons we suggest you file these complaints is because you have more job protection if you file a complaint with a government agency, than if you just gripe to your employer. (You have already asked your employer nicely to pay you, and they have declined.)

     It is illegal for an employer to retaliate against you when you make a complaint. Transfering you to a location further away would be retaliation. So would firing you or taking any other negative action. When you file each complaint, you should tell them that your supervisor already threatened to retaliate against you. If there is any retaliation, DELEG or the EEOC will investigate it separately and you could be awarded thousands of dollars. HTH, and thanks for reading the blogs!~ Amelia

     P.S. Follow this link, scroll to the bottom of the page and read the comment by Cindy: http://blog.laborlawcenter.com/2006/08/10/wyoming-labor-law-board/

159. Posted by: Chris

     Our schedule for next week usually comes out on Wed or Thurs. We have a printed copy. The manager will usually change the sschedule mid-week without notifying anyone. Then, we show up late or don’t show up at all because we think we had the day off. What can we do about this?

160. Posted by: Amelia

     Hi Chris! You can check the schedule for changes each time you work, and call in on your days off to see if any changes have been made. There is nothing wrong with the manager changing the schedule in the middle of the week. We agree that it is unprofessional of her not to tell everyone that she has changed the schedule. Many managers would even call affected employees on their cell phone, if necessary, to ensure they work their newly scheduled shifts. But there is no law that the manager must do so.

     You can certainly have a tactful conversation with the manager about this. What she is doing is not a best practice in HR, but it is also not illegal or unethical in any way in Michigan. HTH, and thanks for reading the blogs!~ Amelia

161. Posted by: Chris

     Okay, thanks. Man, Michigan labor lacks a lot of laws! I used to work at a bar too. Many times I would show up and they’d say, “We don’t need you, you can go home.” So, from what you said above, they legally should have paid us for 4 hours, huh?

162. Posted by: Amelia

     Hi Chris! No, Michigan does not have a reporting time law. The employee in Michigan is entiteld to payment for the time he works, but not any additional time. HTH, and thanks for reading the blogs!~Amelia

163. Posted by: jeff

     I was woundering about overtime/ I know that they can make it mandatory in michigan as long as they pay time and a half but is it legal to make it manditory for some workers and optional for others? My job is manufacturing non-union paid by the hour, not a contract.

164. Posted by: Amelia

     Hi jeff! A Michigan employer can have different working conditions for employees in different jobs, as long as there is a valid business reason for doing so, and the employer is not committing illegal discrimination. For example, overtime could be required for employees on one segment of the line where equipment was down, and optional for others, where there was no shortage of equipment. Or, overtime could be mandatory for assembly-line employees but optional for office employees.

     If the employer made overtime mandatory for male emploeyees but not for female employees with the same job, that would be illegal discrimination based on sex. But as long as the decision does not adversely affect members of a protected group (race, color, religion, national ancestry, etc.) then it is lawful. HTH, and thanks for reading the blogs!~ Amelia

165. Posted by: Melanie

     I live in Michigan and am employed full-time by my company’s definition. We are only scheduled for 7.5 hours, but our shifts are 8 hours. If I work my lunch, I know they have to pay me, but can they automatically deduct that half hour of pay by scheduling us only 7.5 hours? We don’t clock out or in for lunch, so there isn’t a way to prove whether or not we took a lunch.

166. Posted by: Amelia

     Hi Melanie! The employer cannot automatically deduct for a meal break that you do not take. When you work through your lunch, you are entitled to payment for that time, regardless of what the schedule says.

     Under both the federal and Michigan minimum wage laws, an employee must be paid for all the time she works. Even if she works through lunch without the employer’s permission, or even if she works more hours than scheduled, she must be paid for that time. Both laws also require that the employer keep accurate payroll records, including records of any meal breaks taken (and the times they are taken.) So the employer owes you half an hour of pay for each day you skipped your lunch break.

     You could file a wage complaint with the Michigan Department of Energy, Labor & Economic Growth at http://www.michigan.gov/dleg. They will investigate, and if they find the employer owes you back wages, they will force the employer to pay you. It is illegal for an employer to retaliate against an employee who files a complaint.

     However, the employer can establish a policy that employees are to take an unpaid 30-minute meal break on an 8-hour shift. The employer can discipline or terminate any employee who does not follow this policy. So the long-term solution might be to take your meal break as scheduled. HTH, and thanks for reading the blogs!~ Amelia

167. Posted by: Elizabeth

     I live in Michigan and work for a retail store part time. We are scheduled for call-ins. This requires us to call the store one hour before said call-in and be prepared to come into work if management decides they need staff. Does this fall into any “engaged to wait” policies? I read somewhere that we should be compensated for one hour of work if scheduled in such a manner.

     Thanks in advance.

168. Posted by: Amelia

     Hi Elizabeth! No, this does not fall into the “engaged to wait” policy. If the employer required you to come to work and sit there waiting until it was busy enough for you to clock in, that would be “engaged to wait.” Michigan has no reporting pay law, meaning that even if you were required to report to work and sent home immediately, you would not be entitled to payment. Even though these policies are legal, they are poor working conditions and you would be justified in looking for a better job. HTH, and thanks for reading the blogs!~Amelia

169. Posted by: David McCleary

     Can you provide me with a cite for the following statement?

     thanks

     “During an unpaid meal break, a worker must be completely free of his or her work duties. If the employee is still required to do any duties (even minor duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid.”

170. Posted by: Blog Admin

     David,

     There isn’t an exact law I can reference but the best way to search for the answer and validate would be to search meal break law for the state you’re operating in and you should land on the site to reference. If not, you can call your State department of labor for the answer.